US Court of Appeals for the Third Circuit

  • In Anderson v. TikTok, the Third Circuit Applies Questionable First Amendment Reasoning to Arrive at the Correct Section 230 Outcome

    October 10, 2024

    The opinion correctly held that Section 230 did not bar the claims to the extent that they alleged TikTok’s own algorithmic design caused the tragic circumstances, but it arrived at its decision through a questionable First Amendment analysis instead of careful Section 230 reasoning. TikTok is now asking the entire Third Circuit to re-hear the case and overturn the initial ruling.

    • Platform Accountability & Governance

    • Section 230

    • The First Amendment

    • Analysis

  • EPIC and NCLC Urge Third Circuit Not to Overstate Outcome of Recent SCOTUS Robocall Case

    February 4, 2022

    EPIC and the National Consumer Law Center (NCLC) filed an amicus letter brief as part of supplemental briefing in Panzarella v. Navient Solutions, urging the Third Circuit not to wrongly extend the Supreme Court's holding in Facebook v. Duguid.

    • Consumer Privacy

    • Robocalls

    • Updates

  • Panzarella v. Navient Solutions

    February 4, 2022

    Whether the Telephone Consumer Protection Act's autodialer restriction only covers dialers that generate random or sequential telephone numbers.

    • Consumer Privacy

    • Robocalls

    • Amicus Briefs

  • Storm v. Paytime, Inc.

    April 5, 2016

    Concerning Whether Victims of Data Breaches Must Suffer Identity Theft or Financial Fraud In Order to Sue

    • Article III Standing

    • Consumer Privacy

    • Amicus Briefs

  • In re Nickelodeon Consumer Privacy Litigation

    February 5, 2015

    Whether the Video Privacy Protection Act protects from disclosure personal information collected by the Nick.com website

    • Big Data

    • Consumer Privacy

    • Privacy Laws

    • U.S. Privacy Laws

    • Amicus Briefs

  • FTC v. Wyndham

    October 6, 2014

    Whether the FTC can enforce data security standards under its Section 5 "unfairness" authority

    • Cybersecurity

    • Data Protection

    • Data Security

    • Enforcement of Privacy Laws

    • Amicus Briefs