PRIVACY & SECURITY CLASS ACTION LITIGATION SHIFTING …SHIFTING TRENDS PRIVACY & SECURITY...

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

Security

Insurance

Mobile Application

ConsumerInformation

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 david.zetoony@bryancave.com | tel: 202 508 6030

Shahin Rothermel shahin.rothermel@bryancave.com | tel: 202 508 6206

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