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HL Chronicle of Data Protection Privacy & Information Security News & Trends

Tag Archives: EULA

Posted in Consumer Privacy, Privacy & Security Litigation

Federal Court Certifies Consumer Class Action Alleging comScore Violated Federal Privacy Laws by Exceeding Scope of Users’ Consent

A recent federal court opinion raises concerns that privacy cases alleging violations of a standard user license agreement may be susceptible to class certification.  Last week, the U.S. District Court for the Northern District of Illinois certified a class in a consumer privacy lawsuit against comScore, Inc.   Plaintiffs allege that comScore exceeded the scope of the […]

Posted in Consumer Privacy

If the Online Notice is Too Complex, Does That Open the Door to Tort Claims?

A federal court in Hawaii is allowing a tort claim to proceed against a videogame maker for not warning a user that he could become addicted to the videogame and be a “joystick junkie”, notwithstanding the limitation of liability contained in the End User Licensing Agreement. This entry explores the implications of such a tort claim in the context of privacy notices and suggests a way to thwart such claims and at the same time better inform consumers.