Compliance Lessons From Newest Fla. Privacy Class Actions

By Ian Ross and Jorge Perez Santiago (February 26, 2021, 4:08 PM EST) -- Over the last two years, plaintiffs have increasingly looked to state courts when filing their consumer protection and privacy putative class actions.

Claims under the Telephone Consumer Protection Act, for example, were once filed almost exclusively in federal court. Now hundreds are brought in state court where plaintiffs can try to avoid the U.S. Court of Appeals for the Eleventh Circuit precedent that has narrowed the viability of those cases.[1]

More recently, plaintiffs have tested their luck filing class claims based on alleged deceptive emails or data breaches under Florida's Electronic Mail Communications Act and Florida's Unfair and Deceptive Trade Practices...

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