Press Archives - Tauler Smith LLP Los Angeles Trial Attorneys

Law.com Article on C2 Education Trap & Trace Lawsuit

August 4, 2024/in Press /by taulersmith

The Los Angeles consumer protection lawyers at Tauler Smith LLP recently filed a class action against C2 Education in U.S. District Court that accuses the tutoring company of collaborating with TikTok to collect consumer data. The case is getting significant press coverage: a Law.com article on the C2 Education trap & trace lawsuit explores the implications of the federal court’s pre-trial ruling, which denied a motion to dismiss the complaint and essentially said that software embedded on a website can violate the California Trap and Trace Law.

Read the Law.com article, “Federal Ruling ‘Sets Precedent’ for ‘Trap and Trace’ Software Class Actions in Calif.” And for more information about the class action lawsuit against C2 Education, keep reading this blog.

Federal Court: C2 Education May Have Used Trap & Trace Devices to Collect Consumer Information

A Law.com article on the C2 Education trap and trace lawsuit discusses the recent class action complaint filed against the tutoring company for allegedly using trap & trace devices to collect consumer data on its website without permission. The online article also highlights the important precedent that may have been set for trap and trace lawsuits in California:

A federal court delivered a landmark decision impacting “trap and trace” software cases in California, denying defendant C2 Educational Systems Inc. a motion to dismiss a class action alleging it violated the California Invasion of Privacy Act (CIPA) through its partnership with TikTok.

“These allegations demonstrate that Defendant, through the use of the TikTok Software, collected Plaintiff’s information, thereby constituting an invasion of privacy. And invasions of privacy are actionable injuries,” the ruling stated.

“I think it’s a big ruling because you have, in this instance…a federal court saying this is a claim that the federal courts recognize, which generally means that state courts will also recognize trap and trace claims,” said plaintiff’s attorney Robert Tauler.

C2 Education Accused of Collaborating with TikTok to Collect Information from Website Visitors

Los Angeles law firm Tauler Smith LLP filed a class action lawsuit against C2 Education because the online tutoring and test prep company is allegedly violating the California Invasion of Privacy Act (CIPA) through its partnership with TikTok. The Defendant subsequently filed a motion to dismiss the class action from the U.S. District Court for the Central District of California. After evaluating arguments from both sides, the court denied C2 Education’s motion to dismiss.

Assuming the case ultimately reaches trial, the Defendant will need to answer the allegations that they breached California’s Trap and Trace Law, codified as Cal. Penal Code § 638.51 of the CIPA. The Trap and Trace Law prohibits the use of pen registers and trap & trace devices that record dialing or routing information from website visitors. The lawsuit against C2 Education specifically alleges that the tutoring company installed TikTok software on its website to siphon user data and match it with TikTok’s much larger user database. This process, known as “fingerprinting,” gives companies the ability to identify personal information about otherwise anonymous website users.

Landmark Decision: U.S. District Court Sets Precedent for California Trap & Trace Claims

In its motion to dismiss the class action lawsuit, C2 Education argued that the Trap & Trace provision of the California Invasion of Privacy Act (CIPA) should only apply to physical devices attached to telephone lines, not to website software. The United States District Court for the Central District of California disagreed. The court highlighted § 638.50 of the CIPA, which broadly refers to “devices that record or capture information.” The court also cited Greenley v. Kochava, Inc., an earlier case finding that software “fingerprinting” falls squarely under the pen register definition outlined by the CIPA.

Legal experts have noted that the federal court’s pre-trial ruling in the C2 Education trap & trace case may have broadened the scope of the California Trap & Trace Law and, by extension, strengthened protections for consumers against digital privacy violations and fraud. In fact, the Law.com article on the case called it “a landmark decision.” Los Angeles consumer protection lawyer Robert Tauler, who is representing the plaintiff in the C2 Education class action, observed that this is “the first case effectively saying that software on a website can violate the Trap and Trace Law.”

Did You Visit the C2 Education Website? Contact the California Consumer Protection Attorneys at Tauler Smith LLP

Los Angeles law firm Tauler Smith LLP represents plaintiffs in cases involving invasion of privacy violations. Our California consumer protection lawyers have filed dozens of trap & trace claims on behalf of consumers, including a class action complaint against C2 Education. If you are a California resident who visited the C2 Education website, you may be eligible to join the class action lawsuit.

Call 310-590-3927 or email us today.

Law.com Article on Smashbox Class Action Lawsuit

April 17, 2024/in Press /by taulersmith

California’s strong digital privacy laws, like the California Invasion of Privacy Act (CIPA) and the California Consumer Privacy Act (CCPA), have become a popular basis for civil suits filed in state courtrooms. A recent Law.com article on the Smashbox class action lawsuit details how the cosmetics company allegedly used trap and trace devices to help social media company TikTok collect and store confidential information from website visitors. According to attorneys for the plaintiff, the data was acquired automatically as soon as individuals landed on the website: they never even had an opportunity to provide consent.

You can read the Law.com article on the Smashbox lawsuit here.

Smashbox Beauty Cosmetics Accused of Using Trap and Trace Devices on Website

The Law.com article on the recent trap & trace class action provides important details about the allegations against Smashbox:

“I personally think it is a shame that Smashbox would share intimate details of a young person’s life, including their skin color, with TikTok. TikTok keeps this data for reasons that our leaders believe pose a threat to ordinary citizens,” said the plaintiff’s attorney, Robert Tauler of Tauler Smith. “Smashbox should consider the negative impact their secret and immoral data collection practices are having on society instead of just trying to acquire young customers at any cost.”

Smashbox Beauty Cosmetics is accused of using TikTok’s “trap and trace” software to collect and store website visitors’ private identifying information, allegedly using “fingerprinting” software to collect and store user data without their consent.

“The TikTok Software installed and activated by Defendant captures data and sends it to TikTok’s servers so that TikTok can reconstruct the user’s identity. As part of this arrangement, Defendant has the ability to use some of the data to run an advertising campaign on TikTok to market its business on social media. The objective for TikTok is to gather as much information about Americans as they can, by any means necessary,” the legal complaint alleges. “In this regard, TikTok has recently been identified as ‘a platform for surveillance’ by the director of the National Security Agency.”

Lawsuit: Smashbox Tracking Customer Data Automatically Without Consent

Companies like Smashbox are allegedly coding the software used on their websites to track a user’s identity and personal information, including things like geolocation data, search terms, and payment methods. Customer activity on the websites is being tracked automatically: as soon as a person visits the site, their actions are monitored regardless of whether they actually consented to the monitoring. Moreover, the confidential customer information acquired by Smashbox and other companies on their websites may later be sold to third parties for the purpose of targeted advertisements.

Call the California Consumer Protection Lawyers at Tauler Smith LLP

Tauler Smith LLP routinely represents plaintiffs in cases involving consumer fraud and invasion of privacy, including allegations against companies that have violated the California Trap and Trace Law. To find out if you are eligible to join the class action against Smashbox Beauty Cosmetics, call or email us today.

NBC Bay Area News Report on California Automatic Renewal Law

August 13, 2023/in Press /by taulersmith

Companies that do business in California are legally required to disclose an automatic renewal policy to customers before auto-renewing their subscription. A recent NBC Bay Area News report on the California Automatic Renewal Law (ARL) details how Chegg, an education technology company, has been accused of deceptively renewing subscriptions to a textbook rental service and then making it difficult for customers to cancel the subscriptions. The plaintiff in the lawsuit is seeking $2,500 in damages, which is what the ARL allows the court to impose against companies that violate the statute.

The Los Angeles consumer fraud attorneys at Tauler Smith LLP are seeking additional plaintiffs to join a class action lawsuit for ARL violations by Chegg and other companies.

KNTV San Francisco Bay Area News: ARL Claim Against Textbook Company Chegg

Battling auto renewal? Can’t cancel? Can’t get a refund? You have rights!

[…]

In Washington, the Federal Trade Commission is currently looking to toughen federal rules that govern auto renewals – and give consumers more power. When the FTC asked for public comment this spring, it got more than a thousand of them. Some businesses and business groups bristled. For example, the U.S. Chamber of Commerce commented that the FTC was imposing “substantial and burdensome regulations on the business community.”

The federal auto-renew fight is just beginning. But it’s settled in California. A little-known law called the California “Auto Renewal Law” is already on the books. “The fundamental aspect of the law, the way it’s phrased and how it’s designed, is to make it as easy to get out of as it was to get into it,” said Doug Allen, Assistant District Attorney in the Santa Cruz County District Attorney’s Office.

[…]

“This isn’t the biggest case out there, but I think it’s an important case nonetheless,” said attorney Robert Tauler. He filed a federal suit in San Jose. Tauler argues Chegg did “not use bold, highlighted, all-capitalized, or different-colored text for the automatic renewal terms” when Sheri signed up. He’s asking the court to order Chegg to refund Sheri – plus any other auto-renewed customers like her. Tauler wants a class action – to set some precedent. “I’d like businesses to be on the lookout that they should comply – whether they are large or they are small,” he said.

You can see the entire report on the NBC Bay Area News website.

NBC Los Angeles News Report on California’s ARL

July 27, 2023/in Press /by taulersmith

When a customer uses the internet to sign up for a subscription service that automatically renews, there are rules that the subscription company needs to follow in order to comply with both federal and state consumer fraud laws. For example, the California Automatic Renewal Law (ARL) imposes disclosure requirements on businesses. The ARL also requires businesses to make it easy for consumers to cancel their subscriptions. An NBC Los Angeles News Report on California’s ARL details recent consumer lawsuits filed by Tauler Smith LLP against companies that have violated automatic subscription renewal laws.

KNBC Los Angeles Report on California Automatic Renewal Law Violations

Your automatic subscription renewal should be easy to cancel, but many aren’t, and it’s against the law. Companies are supposed to let you know how much they’ll charge you and when. If they don’t, you can take them to court and could be awarded $2,500.

[…]

Douglas Allen is an assistant district attorney in Santa Cruz County. He’s also a member of a state task force set up to enforce the automatic renewal law. “Frankly, we’ve seen some pretty egregious violations of the law,” he said. Allen said most companies comply with the law, but some make it especially difficult for customers to cancel their subscriptions. “There’s a lot of money to be made in the auto-renewing contracts. And the less savory companies expect to make their money because they deceive people into three or four auto-renewals before they realize what they’ve signed up for,” he said. In the past eight years, Allen said the task force has investigated 45 companies; 15 were found in violation of the law, resulting in $16 million in fines.

View the full report on the NBC Los Angeles website.

Rolling Stone Article on Exploitation by Unruly Agency

March 17, 2022/in Press /by taulersmith

As the subscription-based platform OnlyFans has exploded in popularity over the past few years, so too has a cottage industry of management companies and agencies. One of the most well-known companies, Unruly Agency, is now facing new lawsuits from two influencers who allege that Unruly pressured them into posting sexually exploitative content and threatened them when they tried to leave the agency. In two separate filings, model and lifestyle influencers Sarah Stage and Jessica Quezada are accusing Unruly Agency of trapping them into exploitative contracts and posting nude and sexual photos without their consent.

[…]

In 2021, the Daily Beast reported that a former client identified only as Jane Doe was suing the agency, alleging that it had posted an NSFW video of her to her public page without her permission and that they had threatened her with legal action when she tried to leave the company. “These guys are basically pimps,” Jane Doe’s attorney Robert Tauler told the Daily Beast.

Read the full article on the Rolling Stone website.

Unruly Agency Accused of Exploiting OnlyFans Creators

December 16, 2021/in Press /by taulersmith

A growing chorus of clients and current and former workers at the social media management company Unruly say the agency has engaged in deceptive recruitment practices that locked them into agreements threatening six-figure penalties for contract breaches and handing over expansive control of their personal lives, while demanding work they hadn’t realized they’d signed up for and, in some cases, publishing nude images of them without their consent.

Read the full article on BuzzFeed.

OnlyFans Model Sues Unruly Agency for Revenge Porn

August 26, 2021/in Press /by taulersmith

An OnlyFans model is suing Unruly Agency, a company that manages social-media accounts for influencers, alleging it took and distributed nude photographs of her without her permission.

The suit was filed Monday and claims the model, identified by the pseudonym Jane Doe, had “made clear to Unruly on multiple occasions” that she was “not comfortable with the publication of nude images due to her career plans after modeling.” It alleges that Unruly “covertly took nude photographs” while she was changing at a photo shoot.

The model also claims that when she tried to end her business relationship with Unruly, for an unrelated reason, the company published a nude photo of her on the subscription-content platform OnlyFans, “likely” in an act of “retaliation” which, she claims, constitutes “revenge porn,” under a California statute.

Read the full article on Business Insider.

Model Accuses Unruly Agency of Exposing Nudes & Threats

July 24, 2021/in Press /by taulersmith

Unruly Agency reps some of the biggest influencers on Instagram and OnlyFans. But content creators are warning others to stay far away, and one model is suing the agency.

With the likes of influencer Tana Mongeau, YouTuber Daisy Keech, Too Hot to Handle cast member turned TikTok provocateur Harry Jowsey, the Clermont Twins, and dozens of other social media stars and models on its roster, the Unruly Agency seems to be the place that could take an influencer’s brand to new heights.

But clients and contractors who worked with Unruly and Behave Agency—Unruly’s spinoff for smaller influencers—are warning others against signing with either of the firms, citing sketchy business practices and a ruthless cash-grab attitude.

Read the full article on The Daily Beast.

Do Businesses Need Liability Protection for COVID-19?

October 20, 2020/in Press /by taulersmith

California commercial litigators are paying close attention to new laws under consideration during the coronavirus pandemic. The reality is that COVID-19 has caused significant problems for a lot of businesses, especially those that were forced to close down or limit access. One way that Republicans in the United States Congress are responding is by attempting to pass legislation that would give businesses strong protections against being sued by workers and customers who become ill. If this law passes, anyone who gets sick while in a retail store or in an office would find it almost impossible to bring a successful lawsuit against the business.

Do businesses need liability protection for COVID-19? Keep reading this blog to learn more.

Los Angeles Commercial Litigator Robert Tauler Quoted in Article About Coronavirus Legislation

Inc. Magazine recently asked Los Angeles commercial litigator Robert Tauler for his opinion on the GOP’s proposed COVID-19 legislation that would make it more difficult for employees and consumers to file civil suits against businesses. Here are a few excerpts from that article:

This…is the nightmare business scenario that the GOP hoped to avoid by proposing to enhance liability protections for businesses in its version of a Phase 4 stimulus bill, dubbed the Heals Act. The legislation would raise the bar for filing liability claims surrounding Covid-19. Rather than requiring plaintiffs to prove a company did not take reasonable care to prevent injury, sickness, or death on their premises–the current standard of liability–it would require them to prove that a company acted grossly unreasonably.
“They have to show that the exposure caused the plaintiff to contract the coronavirus,” and that the business did nothing to prevent consumers from getting sick, says Robert Tauler, managing partner at Tauler Smith, a Los Angeles law firm that focuses on commercial litigation. “That is a very, very difficult standard to meet,” he says, adding: “It would basically cut any lawsuit off at the knees.”

Read the full article on Inc.com.

Why Paper Magazine’s Instagram Account Disappeared

July 17, 2020/in Press /by taulersmith

If anyone is wondering why Paper Magazine’s Instagram account disappeared, a lawsuit filed against copyright trolls in California federal court might explain why. The suit alleges that the defendants got the publication’s Instagram account disabled and effectively banned as part of an “extortionate strategy” connected to related copyright infringement claims.

To learn more about the developing case, keep reading this blog.

Paper Magazine Files Lawsuit Alleging Extortion by Copyright Trolls

In a lawsuit filed on July 8, 2020 in U.S. District Court, the magazine’s parent company ENTtech Media Group says it has fallen victim to an scheme by a group of photo companies weaponizing copyright claims to extract a settlement for roughly $1 million. The civil suit alleges that the copyright trolls forced Instagram to take down Paper Magazine’s social media account by sending an overwhelming number of take-down notices related to alleged copyright violations. ENTtech Media argues that the defendants’ strategy was basically an extortion attempt.

Click here to read the full article on WWD.com.