News & Analysis as of

Third-Party Personally Identifiable Information

Husch Blackwell LLP

U.S. Privacy Litigation Update: August 2024

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Keypoint: California district courts continue to split over whether “knowledge” is required to plead liability under Section 631(a)’s fourth prong while two decisions show courts taking different approaches to VPPA claims at...more

Baker Botts L.L.P.

Lawline Sued under the VPPA

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On August 23, 2024, a proposed class action lawsuit was filed by Kamilah Jolly, against FurtherEd, Inc., doing business as Lawline, which centers on allegations that Lawline violated the Video Privacy Protection Act (VPPA)....more

Husch Blackwell LLP

U.S. Privacy Litigation Update: July 2024

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Keypoint: Courts have started to issue Pixel-based wiretapping decisions, the Seventh Circuit weighs in on when a manufacturer can be forced to pay arbitration fees, and three courts showed different approaches to dismissing...more

Nelson Hardiman, LLP

Cracking the Whip: The FTC’s Clampdown on Healthcare Marketing

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The American reverence for entrepreneurial spirit and free enterprise is reflected in the profound influence of capitalism on our healthcare system. In contrast to many other advanced industrialized countries with state-run...more

Bradley Arant Boult Cummings LLP

Pet Stairs, Wiretapping, and Cookies: Implications of the Third Circuit’s Popa Opinion

The case of Popa v. Harriet Carter Gifts, Inc. “began with a quest for pet stairs.” Plaintiff Ashley Popa searched Harriet Carter Gifts’ website, added pet stairs to her cart, but never completed the purchase. During her...more

Jackson Lewis P.C.

California Consumer Privacy Act, California Privacy Rights Act FAQs for Covered Businesses

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The California Consumer Privacy Act (CCPA), considered one of the most expansive U.S. privacy laws to date, went into effect on January 1, 2020. The CCPA placed significant limitations on the collection and sale of a...more

Balch & Bingham LLP

Eleventh Circuit Holds Commonplace Use of Letter Vendors May Violate FDCPA and Further Expands Consumer Standing in Huntstein v....

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To start with the headline, on April 21, 2021, the Eleventh Circuit Court of Appeals held that a debt collector sending personal identifying information to dunning letter vendors states a claim under the Fair Debt Collection...more

Husch Blackwell LLP

People’s Privacy Act Introduced In Washington State House Of Representatives

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Keypoint: While the Washington Privacy Act appears poised to pass the Senate, a competing bill introduced in the House of Representatives would require opt-in consent for processing, create an Illinois-like biometric...more

Morgan Lewis

Restrictions On The Provision Of Personal Data To Third Parties Outside Japan

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In line with the recent wave of regulations governing the use of personal data, the Personal Information Protection Act of Japan restricts the provision of personal data to third parties, with a particular focus on the...more

Bricker Graydon LLP

FTC announces new and improved data security guidance

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On January 6, 2020, Andrew Smith, Director of the Federal Trade Commission (FTC) Bureau of Consumer Protection, announced three significant improvements to the FTC’s approach to data security enforcement cases....more

Husch Blackwell LLP

Analyzing The 2020 Maryland Right To Opt Out Of Third-Party Disclosures Act

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Keypoint: Maryland lawmakers have introduced a bill that would allow Maryland residents to opt-out of certain types of personal information transfers but that would stop far short of creating CCPA-like rights for Maryland...more

Seyfarth Shaw LLP

FTC Touts Refined Approach to Data Security Enforcement

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Synopsis: On January 6, 2020, Andrew Smith, director of the Federal Trade Commission’s Bureau of Consumer Protection, outlined in a blog post the agency’s new approach to data security orders. The agency implemented this...more

Mitratech Holdings, Inc

A Glossary Guide to the CCPA

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To get prepared for the California Consumer Privacy Act (CCPA), get a grasp of the basic jargonese and terms involved. The CCPA will impact hundreds of thousands of businesses worldwide. In “A Glossary Guide to the CCPA”,...more

Sunstein LLP

Exploitation of Publicly Available Website Data May be Unstoppable

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Data scraping is a technique by which automated tools are used to extract data from a website and format the data for analysis. Many companies mine website users’ publicly accessible data in order to tailor products and...more

Sunstein LLP

FTC Unfriends Facebook But Wants to Stay in Touch

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The Federal Trade Commission announced its settlement with Facebook on the same day that Robert Mueller testified before the House Judiciary Committee. While this may have been calculated to take Facebook off the front page,...more

Patterson Belknap Webb & Tyler LLP

Millions of Patient Records Exposed in Breach at Medical Testing Giants’ Third-Party Vendor

It’s been a tough week for the healthcare industry. Just days after Quest Diagnostics reported a breach at a third-party vendor affecting approximately 11.9 million of its patients, LabCorp disclosed that a breach at the...more

Manatt, Phelps & Phillips, LLP

Do Not Track Makes Tracks to Congress

It’s ba-ack: The Do Not Track bill has returned to Congress, this time sponsored by Senator Josh Hawley (R-Mo.). As proposed, the Do Not Track Act would prohibit “first parties”—defined to include websites that users...more

Jackson Lewis P.C.

Should Companies Terminate Third Party Vendors That Cause A Data Breach?

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According to reports, bank customers in Australia (yes, data breach notification requirements exist down under) have been affected by “an industry-wide” data breach experienced by a third-party service provider to the banks –...more

Foley & Lardner LLP

Ringing in 2019 with New State Privacy and Data Security Laws Impacting Data Brokers and Insurers

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New state laws that took effect January 1, 2019, likely will have a broader impact on how U.S. companies collect, process, and secure consumers’ personal information, in addition to how and when they report data breaches....more

Skadden, Arps, Slate, Meagher & Flom LLP

Privacy & Cybersecurity Update - October 2018

In this month's edition of our Privacy & Cybersecurity Update, we examine the European Data Protection Board's published opinions on data protection impact assessments, an Ohio court's ruling that bitcoin is covered insured...more

Hogan Lovells

California Consumer Privacy Act: The Challenge Ahead — Key Terms in the CCPA

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Words matter. Nowhere is this truer than in legislation, where word choices—often the product of long debate and imperfect compromise—determine the scope and impact of a law. ...more

Robinson+Cole Data Privacy + Security Insider

Privacy Tip #151 – Can Banks Give or Sell My Information to Facebook or Other Social Media Platforms?

Many of our readers questioned me after the Wall Street Journal article this week entitled: “Facebook to Banks: Give Us Your Data, We’ll Give you Our Users.” The questions ranged from “Can they really do this?” to “This is...more

Bass, Berry & Sims PLC

GDPR Top 5 Actions You Should Take NOW

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The EU’s General Data Protection Regulation (GDPR) goes into effect on May 25th. As most organizations are aware, the GDPR applies not only to EU businesses but also many companies in the U.S. While the deadline is quickly...more

BCLP

How to Avoid Risk When Renting, Selling or Streaming Video Content

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The Video Privacy Protection Act (“VPPA”) was passed in 1988 in reaction to a fear that people other than a consumer and a video rental store could collect information on a consumer’s video rental history. This was not an...more

Proskauer - New Media & Technology

Mobile App VPPA Suit Survives Spokeo Standing Challenge

In Yershov v. Gannett Satellite Information Network, Inc., a user of the free USA Today app alleged that each time he viewed a video clip, the app transmitted his mobile Android ID, GPS coordinates and identification of the...more

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