Privacy Class Actions And The Harm Threshold

Law360, New York (January 25, 2012, 1:05 PM EST) -- More than 150 consumer class actions were filed in 2011 alleging invasions of online privacy. These claims were brought under a mix of state and federal statutes that provide attorney fees and statutory damages. Federal claims were typically brought under the Electronic Communications Privacy Act, the Computer Fraud and Abuse Act and the Stored Communications Act. State claims typically were brought under consumer protection statutes (e.g., Ch. 93A in Massachusetts), as well as common law theories, such as breach of contract, invasion of privacy and unjust...
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