News & Analysis as of

Private Right of Action Preemption

Morrison & Foerster LLP - Class Dismissed

Passing On Preemption: Ninth Circuit Holds That California’s Sherman Law Is Not Impliedly Preempted

While it rarely rules on questions of preemption, the Ninth Circuit took an even rarer step on July 1, 2024 when it took up the question of whether private parties can seek to enforce the provisions of California’s Sherman...more

Mintz - Privacy & Cybersecurity Viewpoints

American Privacy Rights Act – Another Shot at a Comprehensive Federal Privacy Law

Will the U.S. finally join most developed nations and pass a comprehensive federal privacy law? Some believe this may be the year that the U.S. does just that....more

Farella Braun + Martel LLP

Federal APRA Faces Uphill Battle

Considering the polarized nature of today's Congress, businesses' antipathy for a broad private right of action, and the states' strong interest in avoiding preemption, it seems unlikely the American Privacy Rights Act will...more

Fox Rothschild LLP

Comprehensive Federal Privacy Bill May Open Backdoor for HIPAA Private Right of Action

Fox Rothschild LLP on

The American Privacy Rights Act of 2024 (APRA), a bipartisan and “historic” comprehensive data privacy bill unveiled April 8, 2024, would preempt state data privacy laws and be enforced by the Federal Trade Commission,...more

Benesch

Privacy Surprise: Bipartisan Group Proposes Omnibus Data Protection Law that Preempts all US State Data Protection Laws

Benesch on

The American Privacy Rights Act of 2024 would establish a national, comprehensive data protection law unifying US businesses under one standard, preempting the well over a dozen U.S. states with laws already in effect. ...more

Benesch

First Ever BIPA Trial Results in a $228 million Judgement Against Railway Company that Relied on Third Party Vendor to Collect...

Benesch on

The judgement, which came down last week, exemplifies the risk of biometric information collection in Illinois and the risk that can result from relying solely on third party vendors. On October 12, 2022, a jury found...more

Fisher Phillips

Federal Privacy Legislation – An Imminent Reality or Much Ado About Nothing?

Fisher Phillips on

There’s been a lot of buzz in privacy circles in recent weeks over proposed bipartisan federal privacy legislation that has advanced from policy committee and now awaits further action on the floor of the House of...more

Bass, Berry & Sims PLC

American Data Privacy and Protection Act – Could a Federal Privacy Law be on the Horizon?

Bass, Berry & Sims PLC on

On June 3, 2022, a bipartisan group of U.S. Representatives released a discussion draft of a comprehensive federal data privacy bill entitled the American Data Privacy and Protection Act (ADPPA). Though bipartisan compromise...more

WilmerHale

Insights from the House Subcommittee Hearing on ADPPA

WilmerHale on

On June 14, the U.S. House Committee on Energy and Commerce’s Subcommittee on Consumer Protection and Commerce held a legislative hearing on the American Data Privacy and Protection Act (ADPPA) titled, “Protecting America’s...more

Fisher Phillips

Bipartisan Push for Federal Privacy Legislation: Will It Work This Time?

Fisher Phillips on

After a stalemate over federal consumer privacy legislation in the past few years, a draft bill was released on June 3 that signals a major step towards bipartisan support for federal consumer privacy legislation. The...more

WilmerHale

Congress Proposes Bipartisan and Bicameral Comprehensive Privacy Legislation

WilmerHale on

Last week, Representatives Frank Pallone (D-NJ) and Cathy McMorris Rodgers (R-WA) and Senator Roger Wicker (R-MS) released a draft federal privacy proposal titled the American Data Privacy and Protection Act (ADPPA). ADPPA is...more

Akin Gump Strauss Hauer & Feld LLP

Lawmakers Unveil Landmark Bipartisan Privacy Proposal

Key Points - Three of the four bipartisan leaders of the House and Senate committees with jurisdiction over data privacy have struck a deal on a comprehensive federal bill, the American Data Privacy and Protection Act,...more

Robinson+Cole Data Privacy + Security Insider

U.S. Chamber of Commerce Against Private Right of Action in Privacy Legislation

Although the U.S. Chamber of Commerce (the Chamber) “strongly urges Congress to pass durable, bipartisan national privacy legislation that protects all Americans equally,” it will “strongly oppose legislation that fails to...more

Goodwin

Florida’s Telephone Solicitation Act Survives First Constitutional Challenge

Goodwin on

Since becoming law in July 2021, Florida’s Telephone Solicitation Act (FTSA), Fla. Stat. § 501.059(8)(a), has been a favorite of plaintiffs’ lawyers seeking to take advantage of its ambiguous restrictions on certain sales...more

Kelley Drye & Warren LLP

“Not Outgunned, Just Outmanned” (For Now): Senate Hearing on Privacy Law Addresses Under-resourced FTC

On September 29, 2021, the Senate Commerce Subcommittee held a hearing titled Protecting Consumer Privacy. The senators addressed the potential $1 billion earmarked to strengthen the FTC’s privacy work, the future of a...more

WilmerHale

The Past, Present and Future of US Privacy Law

WilmerHale on

Despite its antecedents in one of the most widely cited law review articles of all time from more than 130 years ago, modern United States privacy law is roughly twenty years old. Even though still in its relative infancy,...more

Fisher Phillips

Is Federal Privacy Legislation On The Horizon?

Fisher Phillips on

With a new presidential administration scheduled to take over in just a few short weeks (as well as a revamped Congress), employers nationwide would be wise to anticipate a continued push for federal consumer privacy...more

Orrick, Herrington & Sutcliffe LLP

Two Diverging Federal COVID-19 Privacy Bills Proposed

In recent days, Congress has introduced two divergent “emergency” bills to address privacy issues arising during the COVID-19 crisis. ...more

Polsinelli

Federal Privacy Legislation Update: Consumer Data Privacy and Security Act of 2020

Polsinelli on

On March 13, 2020, Senator Jerry Moran (R-Kansas), Chairman of the Senate Commerce Subcommittee on Consumer Protection, introduced the “Consumer Data Privacy and Security Act of 2020” (the “CDPSA”). The CDPSA joins several...more

Akin Gump Strauss Hauer & Feld LLP

Washington State Lawmakers Divided Over Private Right of Action and Other Relief in Dueling Data Privacy Bills

- The Washington state Senate has passed its version of a consumer data privacy bill as state lawmakers debate proposed legislation for the Washington Privacy Act, the state’s first data privacy law. - In their own bill,...more

Carlton Fields

Real Property, Financial Services, & Title Insurance Update: Week Ending January 31, 2020

Carlton Fields on

Real Property Update - HOA / Contracts: Trial court erred by entering a post-judgment enforcement order requiring the association to assign its riparian rights to plaintiff pursuant to an enforceable settlement agreement,...more

Sheppard Mullin Richter & Hampton LLP

Is BIPA Preempted? – Illinois Appellate Court Considers Workers’ Compensation Exclusivity Question

As class actions brought under Illinois’ Biometric Information Privacy Act (“BIPA”) proceed through litigation, defendants have made a variety of arguments attempting to push courts to define the limits of the somewhat vague...more

Akin Gump Strauss Hauer & Feld LLP

[Podcast] What’s New in Washington: Spotlight on Privacy Legislation

In this episode, Akin Gump public law and policy partner Ed Pagano and senior policy advisor Galen Roehl discuss privacy legislation being considered in the U.S. Congress....more

Akerman LLP - Health Law Rx

Is A Federal Privacy Law In The Cards for 2020?

In May of 2018, the European Union enacted the General Data Protection Rules, or GDPR, a legal framework that outlines not only how companies may collect and process personal information of EU residents, but how that data is...more

WilmerHale

Senate Commerce Committee Holds Hearing on Federal Privacy Legislation

WilmerHale on

As many businesses occupy themselves with coming into compliance with the California Consumer Privacy Act (CCPA) before the law’s effective date of January 1, 2020, Congress is renewing discussion of a possible comprehensive...more

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