Hunton Employment & Labor Perspectives

Google recently resolved two cases—one by verdict and one by settlement—involving allegations regarding the control that Google promised to give users over Google’s use of their data. 

On September 2, 2025, two class actions were filed in federal district court alleging that defendants digital advertising platforms Xandr, Inc. and Index Exchange, Inc. violated the Electronic Communications Privacy Act by unlawfully intercepting wire communications for the purpose of violating the Department of Justice’s Bulk Data Transfer Rule.

On February 27, 2027, in Chabolla v. ClassPass Inc., the U.S. Court of Appeals for the Ninth Circuit, in a split 2-1 decision, held that website users were not bound by the terms of a “sign-in wrap” agreement.

On February 20, 2025, the U.S. District Court for the Northern District of Georgia granted a motion for class certification in a class action alleging that WebMD violated the federal Video Privacy Protection Act by disclosing certain user data to Facebook without the users’ consent.