The Privacy Class Action Review - 2023 - Report - Page 7
GLOSSARY AND KEY TERMS
Adequacy Of Representation – Plaintiffs must show adequacy of representation per
Rule 23(a)(4) to secure class certification. It requires representative plaintiffs and their
counsel to be capable of fairly and adequately protecting the interests of the class.
Ascertainability – Although not an explicit requirement of Rule 23, some courts hold that
the members of a proposed class must by ascertainable by objective criteria.
California Invasion Of Privacy Act (CIPA) – Under the CIPA, it illegal to record
conversations, including telephone conversations without consent from all parties.
California Privacy Rights Act (CPRA) – The CPRA expands the current CCPA private
right of action by authorizing consumers to bring lawsuits arising from data breaches
involving additional categories of personal information.
Commonality – Plaintiffs must show commonality per Rule 23(a)(2) to secure class
certification. This requires that common questions of law and fact exist as to the
proposed class members.
Class – A group of individuals that has suffered a similar loss or alleged illegal
experience on whose behalf one or more representatives seek to bring suit.
Class Action – The civil action brought by one or more plaintiffs in which they seek to
sue on behalf of themselves and others not named in the suit but alleged to have
suffered the same or similar harm.
Class Certification – The judicial process in which a court reviews the submissions of
the parties to determine whether the plaintiffs have met their burden of showing that
class treatment is the most appropriate form of adjudication. In federal courts, the
process is governed by Rule 23 of the Federal Rules of Civil Procedure.
Decertification – Following an order granting conditional certification of a collective
action or certification of a class action, a defendant can move for decertification based
on the grounds that the members of the collective action are not actually similarlysituated or that the requirements of Rule 23 are no longer satisfied for the class action.
Illinois Biometric Information Protection Act, 740 ILCS 14/15 (BIPA) – The BIPA
regulates the collection, use, and handling of biometric identifiers and information by
private entities.
Opt-In Procedures – Under 29 U.S.C. § 216(b), a collective action member must opt-in
to join the lawsuit before he or she may assert claims in the lawsuit or be bound by a
judgment or settlement.
Opt-Out Procedures – If a court certifies a class under Rule 23(b)(3), class members
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© Duane Morris LLP 2023
Duane Morris Privacy Class Action Review – 2023
