US Data Privacy Litigation: Breach of contract and warranties litigation
This article provides insight into breach of contract and warranties in relation to US data privacy litigation.
Published: 10 March 2025
This article is part of a series on US Data Privacy Litigation. The full series can be accessed here, with the other articles in the series listed below.
The data privacy litigation landscape in the U.S. has seen a rise in lawsuits brought by private individuals for privacy violations under theories of breach of contract and breach of warranty. These legal claims are often the result of privacy incidents or violations and seek to leverage a company's own privacy notice, terms of service, advertisements or other public statements as contractual commitments or assurances.
Breach of contract and breach of warranty claims have a long-standing history as causes of action and have generated an enormous amount of relevant case law before plaintiffs began raising arguments in the context of privacy incidents. This analysis will cover four types of claims — breach of express contract, breach of implied contract, breach of express warranty and breach of implied warranty — and discuss the strategies plaintiffs have used, both successfully and unsuccessfully, to advance these claims in court.
US Data Privacy Litigation – Series Overview
The overview page for the series can be accessed here.
This content is eligible for Continuing Professional Education credits. Please self-submit according to CPE policy guidelines.
US Data Privacy Litigation: Breach of contract and warranties litigation
This article provides insight into breach of contract and warranties in relation to US data privacy litigation.
Published: 10 March 2025
Contributors:
Cheryl Saniuk-Heinig
Former research and insights analyst, IAPP
CIPP/E, CIPP/US
This article is part of a series on US Data Privacy Litigation. The full series can be accessed here, with the other articles in the series listed below.
The data privacy litigation landscape in the U.S. has seen a rise in lawsuits brought by private individuals for privacy violations under theories of breach of contract and breach of warranty. These legal claims are often the result of privacy incidents or violations and seek to leverage a company's own privacy notice, terms of service, advertisements or other public statements as contractual commitments or assurances.
Breach of contract and breach of warranty claims have a long-standing history as causes of action and have generated an enormous amount of relevant case law before plaintiffs began raising arguments in the context of privacy incidents. This analysis will cover four types of claims — breach of express contract, breach of implied contract, breach of express warranty and breach of implied warranty — and discuss the strategies plaintiffs have used, both successfully and unsuccessfully, to advance these claims in court.
US Data Privacy Litigation – Series Overview
The overview page for the series can be accessed here.
This content is eligible for Continuing Professional Education credits. Please self-submit according to CPE policy guidelines.
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