The Surge in Privacy Class Action Litigation Continues
The Surge in Privacy Class Action Litigation Continues
https://www.bipc.com/the-surge-in-privacy-class-action-litigation-continues
Publish Date: 2026-05-29 10:19:00
Source Domain: www.bipc.com
Privacy law class action litigation has entered a new phase of heightened activity, with a surge in cases driven by technological advances, legislative changes, and evolving judicial interpretations. Thousands of privacy-related cases were filed in 2024 alone, marking a dramatic increase from 2023. This upward trend continued into 2025 and 2026, with claims spanning nearly every jurisdiction in the country. Organizations now face increasing risks as these legal challenges grow more complex and widespread, reflecting a broader shift in how privacy violations are litigated and enforced.
The statutory landscape for privacy class actions has expanded significantly, with at least 20 states actively enforcing comprehensive privacy laws as of early 2026. Several states, including Delaware (the Delaware Personal Data Privacy Act, Del. Code Ann. tit. 6, § 12D-101, et seq. (DPDPA)), Iowa (the Iowa Consumer Data Protection Act, Iowa Code Ann. § 715D.1, et seq., (ICDPA)), and New Jersey (the New Jersey Data Protection Act, N.J. Stat. Ann. § 56:8-166.4 (NJDPA)), had new laws come into effect in 2025, adding to the existing patchwork of regulations.
Recent Florida decisions illustrate the potential liability associated with this new landscape. For example, in In re Fortra File Transfer Software Data Security Breach Litigation, No. 1:24-md-03090-RAR (S.D. Fla. Sept. 17, 2025), U.S. District Judge Rodolfo Ruiz granted approval of a non-revisionary, all-cash, $20 million class action settlement arising from a 2023 foreign-linked ransomware attack that exposed the personal health information of millions of individuals. The breach affected approximately 130 organizations, including major health insurers.
Today, laws like California’s Invasion of Privacy Act, Cal. Penal Code § 631(a) (CIPA), and Florida’s Security of Communications Act, Fla. Stat. § 934.03 (FSCA), are now heavily litigated. Courts are…
