“Did Grammarly track more than just your spelling errors? You may be owed compensation.” These are the ads that California residents are starting to see for a new privacy lawsuit class action that could be brewing against Grammarly an extremely popular tool for spelling help. This is one of many in a huge growing trend that we’ve been warning business owners about and the catalyst to add Captain Compliance’s privacy software to ensure compliance with global privacy laws. If you haven’t already seen our warnings about the Carguru’s Privacy Lawsuit and Questrade Privacy Litigation please review now and book a demo with one of our privacy superheroes to do a free audit on your website and business.
Bryson Harris Privacy Lawsuit Against Grammarly
Established as a powerhouse in plaintiff’s litigation, Bryson Harris Suciu & DeMay PLLC is a national law firm based in Raleigh, North Carolina, dedicated to holding corporations accountable for privacy violations, data breaches, and consumer harms. With a strong emphasis on data privacy and pixel transmission cases, the firm has positioned itself at the forefront of lawsuits targeting tech companies like Grammarly, whose popular writing assistant tool has come under fire for allegedly tracking more than just spelling errors—potentially exposing users’ sensitive personal information without adequate consent.
The Firm’s Expertise in Privacy Litigation
Bryson Harris Suciu & DeMay PLLC specializes in a range of practice areas that make it uniquely suited to tackle privacy issues in the digital age. From mass arbitrations to class actions, the firm fights for individuals and businesses affected by unlawful data practices. Their work often invokes key privacy laws such as the Video Privacy Protection Act (VPPA), Telephone Consumer Protection Act (TCPA), General Data Protection Regulation (GDPR), and California Consumer Privacy Act (CCPA). This expertise is evident in their aggressive pursuit of cases involving unauthorized data sharing, notification failures, and the misuse of personal information through tracking pixels and other surveillance technologies.
Key Practice Areas Relevant to Privacy Suits
- Data Breach / Data Privacy / Pixel Transmission: Representing victims of privacy invasions, including unlawful tracking via pixels that transmit user data to third parties without permission.
- Class Action: Leading large-scale suits against companies for deceptive practices, including privacy violations that affect millions of users.
- Consumer Protection: Challenging false advertising and hidden data collection tactics under state and federal laws.
Firms Experience With Instagram BIPA $68.5 Million Class Action Settlement
Previously they made headlines as part of a $68.5 million class action settlement with the Instagram Biometric and privacy case—it’s a fascinating case that highlights the growing scrutiny on how big tech companies handle our biometric data. This settlement was part of a wave of privacy litigation under Illinois’ Biometric Information Privacy Act (BIPA) and ties in with their pixel litigation expertise.
What is BIPA and Why Does It Matter?
BIPA, or the Biometric Information Privacy Act, is a pioneering Illinois law enacted in 2008 that regulates the collection, use, and storage of biometric data—like facial scans, fingerprints, or voiceprints. Unlike many privacy laws, BIPA allows individuals to sue companies directly for violations, without needing to prove actual harm. This has led to a flood of class action lawsuits against companies that use biometrics without proper notice or consent. The law requires companies to:
– Inform users in writing about data collection.
– Obtain explicit consent before collecting or sharing biometrics.
– Establish retention and destruction policies.
Violations can result in financial penalties: up to $1,000 for negligent violations and $5,000 for intentional ones, per violation. Since a 2019 Illinois Supreme Court ruling (Rosenbach v. Six Flags) clarified that no actual injury is needed to sue, BIPA has become a goldmine for plaintiffs’ firms, with settlements totaling billions across cases.
The Instagram Settlement: Background and Allegations
The settlement stems from a class action lawsuit filed in 2020 called *Parris v. Meta Platforms, Inc. (Case No. 1:20-cv-05670, U.S. District Court for the Northern District of Illinois). The plaintiffs accused Instagram (owned by Meta Platforms, Inc.) of violating BIPA by using facial recognition technology to analyze and store users’ biometric data—specifically, facial geometry from photos and videos—without obtaining informed consent or providing required disclosures.
Allegations:
– Instagram’s algorithms automatically tagged and analyzed faces in posts, creating detailed biometric profiles.
– This data was allegedly stored and potentially shared with third parties for advertising or other purposes, all without users’ knowledge.
– The practices affected Illinois residents who used Instagram from August 10, 2015, to August 16, 2023 (the class period).
Meta denied any wrongdoing but agreed to settle to avoid prolonged litigation. The deal was announced in July 2023 and received preliminary approval shortly after. It’s one of several BIPA suits against Meta (Facebook settled a similar one for $650 million in 2021), underscoring the risks for social media platforms reliant on AI-driven features.
Over 1 million claims were reportedly filed, making it one of the larger BIPA payouts and cases. Other big firms like Edelson PC (a Chicago firm famous for BIPA cases, including the Facebook settlement), Bryson Harris often co-counsels or supports in these high-profile privacy suits.
Targeting Grammarly: Allegations of Overreach in Data Tracking
Grammarly, the ubiquitous AI-powered writing tool used by over 30 million daily active users, has faced increasing scrutiny for its data handling practices. The ad depicted in recent campaigns suggests that Grammarly may be tracking far beyond spelling and grammar corrections—potentially capturing sensitive content like personal emails, financial details, or confidential documents. Bryson Harris Suciu & DeMay PLLC is actively investigating and pursuing privacy lawsuits against alleged violators and in this case running ads asking about Grammarly, alleging violations of user privacy rights through unauthorized data collection and sharing. These suits claim that Grammarly’s integration of tracking mechanisms, such as pixels or cookies, exposes users’ inputted text to third-party advertisers or analytics firms without explicit consent, breaching laws like the VPPA and CCPA.
What Happens in these Alleged Privacy Litigation Claims Being Advertised?
- Initial Consultation: Firs the ads want you to contact the firm to discuss your usage of Grammarly and any potential exposure of personal data.
- Evidence Gathering: The firm reviews browser history, app logs, and privacy settings to build a case for unauthorized tracking.
- Class Action Certification: If applicable, Bryson Harris’s Law Firm wants you to join or initiate a class action to amplify the impact and secure compensation for affected users.
- Litigation and Settlement: The ugly part is when the firm starts to aggressively litigate in federal or state courts, aiming for monetary damages, injunctions, and policy changes.
- Compensation Recovery: Secure settlements or verdicts that compensate users for privacy invasions, often including statutory damages under privacy statutes and then new privacy and data protection practices are put in place to avoid future litigation (this is installing tools like ours to prevent future claims).
Why Bryson Harris Suciu & DeMay PLLC Stands Out
The firm’s collaborative approach, led by experienced attorneys like Scott Harris (Senior Partner with a focus on complex litigation), Nick Suciu III (expert in class actions and consumer protection), and James DeMay (specializing in municipal and land-use but contributing to broader litigation efforts), has resulted in multimillion-dollar recoveries for clients. Their track record in privacy cases, including suits against other tech platforms for similar pixel-based tracking, positions them as ideal advocates against alleged privacy violators. As a plaintiff-side firm, they operate on a contingency basis, meaning no upfront fees for clients seeking justice.
Take Action To Protect Your Business Against Bryson Style Privacy Litigation
While these ads are saying take action and seek compensation. If you’ve been to the brysonpllc.com website you can see how their claims processes work. If you’ve used Grammarly and suspect your privacy was compromised, Bryson Harris Suciu & DeMay PLLC is one of many firms running ads for these types of claims that is only going to grow. Located at 900 West Morgan Street, Raleigh, NC 27603, the firm can be reached at (844) 201-2929. As noted in their advertising, this is an opportunity to hold Grammarly accountable and potentially recover compensation for affected users but the best solution for a business is to respect users privacy and let us automate these requirements through our software tools.
As this is a trend with some other well known plaintiffs firms that have cost businesses millions of dollars for non-compliance and not using Captain Compliance’s tools resulted in these expensive headaches. Just ask Honda who was fined $632,500 earlier this year.
Learn about our data privacy software tools such as: privacy policy, consent management, DSR, and cookie disclosure software tools that would’ve saved millions in fines and litigation costs had they been using our software up front. Leading the charge from the west coast are firms like Levi & Korsinsky, Gutride Safier, Pacific Trial Attorneys, Swigart Law, Tauler Smith, and Almeida Law out of Chicago. All of these firms specialize in privacy claims and have become leaders in their respective fields. Now Bryson Harris can be added to this list.
