Class Action Roundup – Equifax, Google, Bai and More

Welcome to the latest edition of the Class Action Roundup! As per usual, we have the latest in class action headlines, including new information about the impact of last year’s Equifax data breach, the Supreme Court getting involved in the Google privacy settlement, a class action for Justin Timberlake-sponsored Bai Brands, and more.

Equifax Data Breach Update: IDs and Passport Information May Be Affected

Within the last week, we’ve heard a bit more about the scope of last year’s Equifax data breach, and it’s about as bad as you’d expect. After some prodding from Congress, Equifax released some new figures that conveniently hadn’t been shared in full. In addition to the Social Security information that was vulnerable, nearly 56,000 users may have also had their driver’s licenses, passports, and other government-issued IDs exposed. It’s believed these documents were uploaded to Equifax’s online portal from consumers who disputed information contained in their credit files.

Looking for a breakdown of the newly released information? Gizmodo has what you need.

Nyko Facing Class Action Over Faulty Switch Charging Docks

A newly filed class action against Nyko is claiming that the company’s third-party charging dock is responsible for dozens of reports from gamers that their Nintendo Switch consoles lost functionality. These portable docking kits were apparently working normally until the Switch’s 5.0 firmware update back in March. The lawsuit is claiming that Nyko didn’t make enough of an effort to tell its customers about an apparent manufacturing defect in the docks – but Nyko isn’t the only third party to have this issue. FastSnail and Insignia have received some complaints about their own hardware, but class actions have yet to be filed against them, at least for now.

For a closer look at the Switch charging issues, head over to Kotaku.

Supreme Court to Hear Google Privacy Settlement Arguments

The U.S. Supreme Court has recently agreed to put its two cents in on the settlement reached in an Internet privacy case involving Google. The 2013 settlement, which came in at $8.5 million, was reached to resolve claims that Google violated users’ privacy rights by allowing other websites to see their search histories. That settlement fund was largely given to organizations that promote Internet privacy, with very little going to those who were represented by the litigation.

The big picture here is that – depending on the Supreme Court’s decision – this could be a hard hit to “cy pres” awards, in which settlement funds are given to charities and other third parties instead of those actually affected by the lawsuit’s claims. Needless to say, this could be a big turning point for class action litigation. 

For more on what’s ahead for the Supreme Court, be sure to give this Reuters article a read. Also, to learn more about cy pres awards – including when they are used and why they are beneficial – check out this article.

California Ruling Could Provide Insight into Uber/Lyft Employee Classification Dispute

Here’s another “big picture” one for you. Earlier this month, a California Supreme Court ruling came down – and it just may clarify the whole employee/independent contractor debacle for many gig workers in the state, including Uber and Lyft drivers. (If you missed it, here’s what that case is all about.) Under the new ruling, the burden of proof falls to employers – meaning that if they want to classify their workers as independent contractors, they will have to prove that those workers are free from their control and that the tasks the workers perform are outside the company’s “usual course” of business. For instance, it’s not too difficult to argue that Uber and Lyft drivers aren’t under the control of the companies; however, it may be harder to suggest that driving passengers is outside the companies’ typical business activities.

Looking for more? Check out Engadget.

Freelance Journalists Finally See Copyright Infringement Settlement Money

Back in 2001, almost 3,000 freelance journalists filed a class action against some of the most prominent publishers (including The New York Times and Dow Jones) claiming copyright infringement. Now, 17 years later, the $9 million settlement finally came through and the journalists will be able to claim their piece. The case argued that it was illegal for the publishers to license the freelancers’ articles for digital indexing without approval.

For more on the long-fought legal battle, head on over to this New York Times article.

Justin Timberlake Named in Bai Brands’ Deceptive Marketing Class Action

Justin Timberlake has been named as a defendant in a class action filed against the beverage company Bai Brands, in which he is an investor. The case claims that the drinks are deceptively marketed as “all-natural” when they are flavored with artificial ingredients. The lawsuit ropes in Timberlake by alleging that his “monetary assistance, creative inputs and marketing of Bai helped elevate the better-for-you and name-recognition of the brand.” The suit hopes to require Bai and Timberlake to give up the profits made because of the allegedly false marketing. You can find more of the story over at The Blast.