#privaterightofaction — Public Fediverse posts
Live and recent posts from across the Fediverse tagged #privaterightofaction, aggregated by home.social.
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CW: uspol
Congress gets talked out of putting private right of action into new laws with the often-repeated argument that the FTC can enforce.
Now that the FTC is, well, not so much, any serious law is going to have to have a private right of action instead, otherwise Congress is wasting its time.
The options will be either be no law or PRA—the compromise position is no longer available
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CW: uspol
Congress gets talked out of putting private right of action into new laws with the often-repeated argument that the FTC can enforce.
Now that the FTC is, well, not so much, any serious law is going to have to have a private right of action instead, otherwise Congress is wasting its time.
The options will be either be no law or PRA—the compromise position is no longer available
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Under California law, we can hold companies accountable for passing people's personal info to Meta. We already have a strong privacy law that is letting juries take action, as they did in the Flo case. #privateRightOfAction
Please make sure your address is up to date on your voter registration—you might be able to make a difference in a future case
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Under California law, we can hold companies accountable for passing people's personal info to Meta. We already have a strong privacy law that is letting juries take action, as they did in the Flo case. #privateRightOfAction
Please make sure your address is up to date on your voter registration—you might be able to make a difference in a future case
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Just did a #RECAP download for the amended complaint (Nov. 6) in Walsh v. Dollar Tree Stores, Inc. #CIPA #privacy #privateRightOfAction
https://www.courtlistener.com/docket/69643824/walsh-v-dollar-tree-stores-inc/
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Just did a #RECAP download for the amended complaint (Nov. 6) in Walsh v. Dollar Tree Stores, Inc. #CIPA #privacy #privateRightOfAction
https://www.courtlistener.com/docket/69643824/walsh-v-dollar-tree-stores-inc/
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Appeals Court rules that only US government can sue to enforce Voting Rights Act
Shock ruling from Republican-appointed appeals court prevents outside groups or citizens seeking to enforce voting rights law
A federal appeals court shocked voting rights groups on Monday with a ruling that 😱only the US government, not outside groups or citizens, could sue to enforce the Voting Rights Act’s provisions.😱
The civil rights law, which outlaws racial discrimination as it relates to voting, has typically been enforced by lawsuits from these groups, not by the government itself.
Now that the Republican-appointed eighth circuit court of appeals has made the ruling by 2-1, this♦️ “private right of action”♦️ to enforce Section 2 of the law is called into question.
The ruling stemmed from a case brought by the 🔸Arkansas State Conference NAACP and Arkansas Public Policy Panel 🔸over new maps created during redistricting that the two groups allege diluted the voting power of Black voters in the state.
While courts at all levels have allowed private claims seeking to enforce the voting rights law for decades, this is an “assumption that rests of flimsy footing”, the opinion written by Judge David Stras, who was appointed by Donald Trump, said.
The ruling dissected the law itself, finding it did not include specific language that allows anyone aside from the attorney general to bring enforcement action.
In a 👉dissenting opinion, Chief Judge Lavenski Smith said that, though the courts may not have directly addressed the idea of private parties trying to enforce this law, it has repeatedly heard these cases, so it would follow that 🔺“existing precedent that permits citizens to seek a judicial remedy”.🔺
The ruling is not simply an esoteric question of law: it would 🔥dismantle the primary mechanism voting rights groups use to protect against racial discrimination in voting, often in the form of lawsuits challenging electoral maps.
Voting rights groups expect the 🙏🏻ruling will be appealed to the US supreme court🙏🏻. The eighth circuit ruling applies to the states the circuit court covers: Arkansas, Iowa, Minnesota, Missouri, Nebraska, North Dakota and South Dakota.
Wendy Weiser, the vice-president for democracy at the Brennan Center for Justice, called the decision “radical” and wrote on X that it was “deeply wrong, and it goes against decades of precedent and practice”.
#vra #privaterightofaction
https://www.theguardian.com/us-news/2023/nov/20/voting-rights-act-appeals-court-ruling?CMP=Share_iOSApp_Other -
Appeals Court rules that only US government can sue to enforce Voting Rights Act
Shock ruling from Republican-appointed appeals court prevents outside groups or citizens seeking to enforce voting rights law
A federal appeals court shocked voting rights groups on Monday with a ruling that 😱only the US government, not outside groups or citizens, could sue to enforce the Voting Rights Act’s provisions.😱
The civil rights law, which outlaws racial discrimination as it relates to voting, has typically been enforced by lawsuits from these groups, not by the government itself.
Now that the Republican-appointed eighth circuit court of appeals has made the ruling by 2-1, this♦️ “private right of action”♦️ to enforce Section 2 of the law is called into question.
The ruling stemmed from a case brought by the 🔸Arkansas State Conference NAACP and Arkansas Public Policy Panel 🔸over new maps created during redistricting that the two groups allege diluted the voting power of Black voters in the state.
While courts at all levels have allowed private claims seeking to enforce the voting rights law for decades, this is an “assumption that rests of flimsy footing”, the opinion written by Judge David Stras, who was appointed by Donald Trump, said.
The ruling dissected the law itself, finding it did not include specific language that allows anyone aside from the attorney general to bring enforcement action.
In a 👉dissenting opinion, Chief Judge Lavenski Smith said that, though the courts may not have directly addressed the idea of private parties trying to enforce this law, it has repeatedly heard these cases, so it would follow that 🔺“existing precedent that permits citizens to seek a judicial remedy”.🔺
The ruling is not simply an esoteric question of law: it would 🔥dismantle the primary mechanism voting rights groups use to protect against racial discrimination in voting, often in the form of lawsuits challenging electoral maps.
Voting rights groups expect the 🙏🏻ruling will be appealed to the US supreme court🙏🏻. The eighth circuit ruling applies to the states the circuit court covers: Arkansas, Iowa, Minnesota, Missouri, Nebraska, North Dakota and South Dakota.
Wendy Weiser, the vice-president for democracy at the Brennan Center for Justice, called the decision “radical” and wrote on X that it was “deeply wrong, and it goes against decades of precedent and practice”.
#vra #privaterightofaction
https://www.theguardian.com/us-news/2023/nov/20/voting-rights-act-appeals-court-ruling?CMP=Share_iOSApp_Other -
CW: Long thread/43
It's only because of the GPDR has a #PrivateRightOfAction - the right of individuals to sue to enforce their rights - that we're finally seeing the beginning of the end of commercial surveillance in Europe:
It's true that NIMBYs can abuse private rights of action, bringing bad faith cases to slow or halt good projects. But just as the answer to bad regulations is good ones, so too is the answer to bad private rights of action good ones.
43/
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CW: Long thread/43
It's only because of the GPDR has a #PrivateRightOfAction - the right of individuals to sue to enforce their rights - that we're finally seeing the beginning of the end of commercial surveillance in Europe:
It's true that NIMBYs can abuse private rights of action, bringing bad faith cases to slow or halt good projects. But just as the answer to bad regulations is good ones, so too is the answer to bad private rights of action good ones.
43/
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CW: Long thread/17
They have conspicuously failed to call for any kind of working solution, like a federal privacy law that would ban commercial surveillance, and extend a #PrivateRightOfAction, so people could sue tech giants and data-brokers who violated the law, without having to convince a regulator, DA or Attorney General to bestir themselves:
https://www.eff.org/deeplinks/2019/01/you-should-have-right-sue-companies-violate-your-privacy
17/
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CW: Long thread/17
They have conspicuously failed to call for any kind of working solution, like a federal privacy law that would ban commercial surveillance, and extend a #PrivateRightOfAction, so people could sue tech giants and data-brokers who violated the law, without having to convince a regulator, DA or Attorney General to bestir themselves:
https://www.eff.org/deeplinks/2019/01/you-should-have-right-sue-companies-violate-your-privacy
17/
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the only jobs Republicans don't care about are plaintiffs lawyers, apparently.
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the only jobs Republicans don't care about are plaintiffs lawyers, apparently.
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CW: Long thread/9
But FTC regs take time to pass, and it can be hard for ordinary individuals to trigger their enforcement, which might leave you at the mercy of your local officials when your privacy is invaded. What we really need is a privacy law with a #PrivateRightOfAction - the right to go to court on your own:
https://www.eff.org/deeplinks/2019/01/you-should-have-right-sue-companies-violate-your-privacy
9/
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CW: Long thread/9
But FTC regs take time to pass, and it can be hard for ordinary individuals to trigger their enforcement, which might leave you at the mercy of your local officials when your privacy is invaded. What we really need is a privacy law with a #PrivateRightOfAction - the right to go to court on your own:
https://www.eff.org/deeplinks/2019/01/you-should-have-right-sue-companies-violate-your-privacy
9/