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State Privacy Law Requirements: Instructing Vendors and Partners to Fulfill Deletion and Opt Out Privacy Rights Requests

Under many circumstances, state privacy laws require businesses to pass a consumer’s valid deletion request to any entity that processes the data on behalf of the business or otherwise is a recipient of the data. These...more

California Privacy Protection Agency expands the definition of ​“data broker”

On November 8, the California Privacy Protection Agency (CPPA) voted 5-0 to approve new regulations to implement the DELETE Act of 2023. The most noteworthy development was the agency’s adoption of a new definition of...more

[Webinar] Privacy and AI in the Trump 2.0 Era - November 13th, 2:00 pm - 3:00 pm ET

Join Kelley Drye privacy attorneys for an upcoming webinar, "Privacy and AI in the Trump 2.0 Era." This session will explore the potential shifts in privacy regulation and AI oversight with the new administration, including...more

FCC Sets Effective Date for TCPA ​“Reasonable” Consent Revocation Rules

The Federal Communications Commission has announced that its new Telephone Consumer Protection Act rules related to ​“reasonable” revocation of consent will become effective on April 11, 2025....more

The California Privacy Protection Agency Advances Regulations to Reign in AI, Mandate Security Audits and Risk Assessments, and...

The California Privacy Protection Agency (CPPA) has signaled it will advance rulemaking at its upcoming November 8 board meeting to place restrictions on the use of automated decision-making technology (ADMT) and impose new...more

The Eyes of Texas are on AI: Generative AI Settlement Reached

We have frequently written on AGs interest in AI. In what Texas calls the ​“first-of-its-kind healthcare generative AI” settlement, the state resolved its investigation into Pieces Technologies’ alleged misleading statements...more

FCC Proposes New TCPA Rules for AI Calls and Texts

On August 7, 2024, the Federal Communications Commission (FCC) adopted a Notice of Proposed Rulemaking and Notice of Inquiry related to the use of artificial intelligence in outbound calls and texts. Among the proposed rules...more

AI Legislative and Regulatory Efforts Pick Up Steam: What We’re Watching

AI capabilities are growing by the day, and with them, so are increasing government efforts to put in place guardrails, principles, and rules to govern the AI space. In May alone, Utah’s Artificial Intelligence Policy Act...more

Telemarketing in 2024 – A Mid-Year Review

As we approach the 2024 halfway mark, businesses that rely on texting and calling to promote their products and services face an onslaught of new and significant legal and regulatory developments. To help with tracking these...more

Update on TSR Amendments and Recordkeeping Requirements

As an update to our earlier blog post detailing the FTC’s amendments to the Telemarketing Sales Rule, the changes have since been published in the Federal Register, with an effective date of May 16, 2024....more

Maine to Require Telemarketers to Check Reassigned Number Database

The governor of Maine recently signed an amendment to the state’s telephone solicitation law that will make it mandatory for telephone solicitors to check against the Federal Communications Commission’s (FCC’s) reassigned...more

Health Data Privacy: What We’re Hearing

U.S. privacy developments are moving quickly, but health data privacy is racing forward. Companies that come into contact with consumers’ health data need to track and respond to a variety of developments. Most notably, these...more

TSR Updated to Expand Recordkeeping Obligations; Cover B2B Telemarketing Representations; May Expand to Inbound Tech Support...

The beginning of 2024 has brought with it a decided regulatory focus on telemarketing. In the past couple of months, we’ve written about several important FCC actions related to the Telephone Consumer Protection Act (TCPA),...more

FCC Adopts Changes to TCPA Consent Revocation Rules

At its most recent open meeting on February 15, 2024, the Federal Communications Commission (FCC or Commission) voted unanimously to adopt yet another round of rule changes related to the Telephone Consumer Protection Act...more

FCC Declares TCPA Restrictions Apply to AI-Generated Calls

On February 8, 2024, the Federal Communications Commission (FCC or Commission) released a Declaratory Ruling to clarify that telemarketing and other calls made to consumers using certain types of artificial intelligence are...more

New Jersey and New Hampshire Set the Pace with 2024 State Privacy Legislation

New Jersey and New Hampshire are the first states out of the gate in what promises to be another busy year in state privacy legislation. On January 16, New Jersey Governor Phil Murphy signed the New Jersey Data Privacy...more

State AGs Focus on Social Media and its Impact on Youth

As we have discussed, the NAAG President, Oregon Attorney General Ellen Rosenblum, formally announced her 2024 Presidential Initiative focusing on America’s youth. As we noted, this was consistent with a broader priority for...more

Maryland’s New Telemarketing Law Now in Effect

As of January 1, 2024, the State of Maryland’s new telemarketing law, the ​“Stop the Spam Calls Act of 2023,” officially became law....more

Update on FCC’s 1:1 TCPA Consent and Do-Not-Text Rules

As an update to our earlier blog post detailing the FCC’s recent order adopting new regulations pursuant to the Telephone Consumer Protection Act, the FCC has announced the rolling effective dates for the specific rule...more

Calling and Texting Regulations Tightening: FCC Adopts 1:1 TCPA Consent and Do-Not-Text Rules

At its last open meeting of 2023, the FCC voted to adopt new rules ​“to protect consumers from unwanted and illegal text messages and calls.” Among the changes are a new ​“one-to-one” consent requirement for autodialed...more

Top 5 State Privacy Issues We’re Monitoring This Year

The year ahead promises to be busy on the state privacy front. As we’ve covered on this blog, states are continuing to fill the gap at the federal level by implementing comprehensive state laws that guarantee consumer privacy...more

CCPA Update:  Agencies push ahead with enforcement as Superior Court delays new regulations

The California Privacy Protection Agency (CPPA) and California Office of Attorney General (OAG) are publicly pressing ahead with enforcement now that they have the authority to enforce the California Consumer Privacy Act...more

Colorado Consumer Data Privacy Law is in Effect

Two years ago this month, the state of Colorado joined California and Virginia in the passage of broad consumer protection legislation when the Colorado Privacy Act (CPA) was signed into law....more

The FTC is Not the Only One Tracking Your Use of Health Information

The FTC has made news recently with its recent enforcement activity regarding companies’ alleged disclosures of consumer health data, as detailed in our recent post FTC to Advertisers: We’re tracking Your Use of Health...more

FTC Attempts End Run to Ban Meta from “Monetizing” Minors’ Data

The FTC took unprecedented action yesterday when it moved to impose what it describes as a “blanket prohibition” preventing the company from monetizing young people’s data. The FTC contends that this prohibition is warranted...more

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