privacy & security class action litigation shifting …shifting trends privacy & security...

SHIFTING TRENDS PRIVACY & SECURITY CLASS ACTION LITIGATION Complaints Alleging a Particular Legal Theory Courts in Which Complaints Were Filed 64% TELEMARKETING 55% NEGLIGENCE 15% UDAP 10% OTHER STATE STATUTORY VIOLATION 10% CONVERSION 10% DATA BREACH NOTIFICATION 9% UNFAIRNESS 9% FCRA/FACTA 8% BREACH OF CONTRACT 7% INVASION OF PRIVACY 6% DECEPTION 5% UNLAWFUL INTRUSION Data Fields at Issue Primary Legal Theories e largest category of complaints continue to relate to alleged telemarketing violations under the Telephone Consumer Protection Act (“TCPA’) (64%). e next largest categories involved the Fair Credit Reporting Act (‘FCRA’) (10%), and negligence (5%). e majority of complaints (77%) focused on data privacy related issues — such as the propriety of a company’s collection, intentional sharing, or use of information. Data security — the protection of information from unintentional access or acquisition — was primary focus in 23% of complaints. e largest number of complaints filed this quarter were filed in the Central District of California (25%) and the Northern District of Illinois (15% of complaints). e following chart shows the courts in which complaints were filed. Almost every industry has been targeted by class action plaintiffs, although the number of class action complaints against retail (21%), and debt collectors (16%) outpaced the filings in other industry segments. ere was a significant reduction in claims against health-related companies as compared to the previous quarter (previously 18% now 6%). e following chart provides a breakdown of complaints by the defendant’s industry. C.D. California N.D. California D. Minnesota E.D. Missouri S.D. New York Connecticut 25% 21% 16% 7% 7% 6% 3% 3% 3% 3% 15% 10% 7% 3% 3% 3% 3% 2% N . D . I l l i n o i s S . D . T e x a s S . D . C a l i f o r n i a Security Insurance Mobile Application Consumer Information Mobile Phone 44% 17% 18% 7% 5% 4% Fax Credit/ Debit Card Consumer Report Phone Marketing Retail Debt Collection Health Financial Services Food Percentage of Complaints By Defendant Industry FOR MORE INFORMATION CONTACT: Security Privacy 23% 77% David Zetoony [email protected] | tel: 202 508 6030 Shahin Rothermel [email protected] | tel: 202 508 6206 www.bryancave.com | A Global Law Firm

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SHIFTING TRENDSPRIVACY & SECURITY CLASS ACTION LITIGATION

Complaints Alleging a Particular Legal Theory

Courts in Which Complaints Were Filed

64% TELEMARKETING

55% NEGLIGENCE

15% UDAP

10% OTHER STATE STATUTORY VIOLATION

10% CONVERSION

10% DATA BREACH NOTIFICATION

9% UNFAIRNESS

9% FCRA/FACTA

8% BREACH OF CONTRACT

7% INVASION OF PRIVACY

6% DECEPTION

5% UNLAWFUL INTRUSION

Data Fields at Issue

Primary Legal Theories

�e largest category of complaints continue to relate to allegedtelemarketing violations under the Telephone Consumer Protection Act (“TCPA’) (64%). �e next largest categories involved the Fair Credit Reporting Act (‘FCRA’) (10%), and negligence (5%).

�e majority of complaints (77%) focused on data privacy related issues — such as the propriety of a company’s collection, intentional sharing, or use of information. Data security — the protection of information from unintentional access or acquisition — was primary focus in 23% of complaints.

�e largest number of complaints �led this quarter were �led in the Central District of California (25%) and the Northern District of Illinois (15% of complaints). �e following chart shows the courts in which complaints were �led.

Almost every industry has been targeted by class action plainti�s, although the number of class action complaints against retail (21%), and debt collectors (16%) outpaced the �lings in other industry segments. �ere was a signi�cant reduction in claims against health-related companies as compared to the previous quarter (previously 18% now 6%). �e following chart provides a breakdown of complaints by the defen-dant’s industry.

C.D. California

N.D. California D. Minnesota

E.D. MissouriS.D. New York

Connecticut

25%

21%16%7%7%6%3%3%3%3%

15% 10% 7%

3%3% 3%

3% 2%

N.D. Ill ino i s

S.D. Tex a s

S.D. California