Taking Stock Of Nonmonetary Privacy Settlement Provisions

By Tara Trifon, Russell Perdew and Hannah Oswald (February 9, 2021, 5:38 PM EST) -- Since the passage of the California Consumer Privacy Act and because of the continued interest in the Illinois Biometric Information Privacy Act, there has been a focus on the amount of money class members may expect to receive as part of privacy or cyber class action settlements. But as the recently approved settlement in the Hanna Andersson LLC data breach class action demonstrates, there is no one-size-fits-all agreement.

Some settlements are purely monetary agreements that create a settlement fund for class members. Others focus on fixing particular issues or vulnerabilities and do not include any monetary relief. Some settlements have both...

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