SHIFTING TRENDS PRIVACY & 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 alleged telemarketing 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 filed this quarter were filed 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 filed. Almost every industry has been targeted by class action plaintiffs, although the number of class action complaints against retail (21%), and debt collectors (16%) outpaced the filings in other industry segments. ere was a significant 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. Missouri S.D. New York Connecticut 25% 21% 16% 7% 7% 6% 3% 3% 3% 3% 15% 10% 7% 3% 3% 3% 3% 2% N . D . I l l i n o i s S . D . T e x a s S . D . C a l i f o r n i a Security Insurance Mobile Application Consumer Information 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 [email protected] | tel: 202 508 6030 Shahin Rothermel [email protected] | tel: 202 508 6206 www.bryancave.com | A Global Law Firm