Keypoint: In this post: (1) Standing may depend on how specific plaintiffs’ complaint is; (2) the 2nd Circuit adopts the 3rd and 9th Circuit’s narrower interpretation of PII under the VPPA; (3) Promises in privacy policies not to share user data can defeat consent defenses; (4) class action waivers in privacy agreements may face enforceability challenges in California; (5) courts closely scrutinize technical specifics in claims involving PHI.
