Credit: siraanamwong/Adobe Stock The Masquerade Ball: When Plaintiffs Mask Claims to Get Around a Lack of a Private Cause of Action
Whether a particular law provides for a private cause of action can have huge consequences for potential corporate defendants. Such a right opens the floodgates to plaintiffs, often represented on a contingency fee basis, asserting claims that may be meritless. The crushing wave of privacy class actions in recent years—made possible by the private causes of action in the underlying state privacy laws—shows what can happen.
April 08, 2024 at 11:39 AM
5 minute read
Litigation
Whether a particular law provides for a private cause of action can have huge consequences for potential corporate defendants. Such a right opens the floodgates to plaintiffs, often represented on a contingency fee basis, asserting claims that may be meritless. The crushing wave of privacy class actions in recent years—made possible by the private causes of action in the underlying state privacy laws—shows what can happen.
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