Imagine arriving at the office to find 20 bankers' boxes full of 20,000+ individual arbitration demands. The claims appear identical and non-meritorious. But to even get a chance to make an argument, it will cost you nearly...more
Two plaintiffs learned the hard way that not all environmental marketing claims are treated the same. A federal judge in Missouri recently dismissed a proposed class action by the shoppers against H&M over the company’s...more
The Federal Trade Commission (the “FTC”) and Department of Justice, Antitrust Division (the “DOJ”) (together the “Agencies”) continue to carry out the Biden Administration’s stated mission to reinvigorate antitrust...more
In recent years, website operators have increasingly used chatbots to improve customer engagement and provide customer support. In the past several months, however, the plaintiffs’ bar has expressed concerns about the privacy...more
Recently, Colorado’s new $0.27 retail delivery fee went into effect. The fee targets all deliveries by a motor vehicle that have at least one item of taxable and tangible personal property. This new levy impacts both in-state...more
Just as we thought 2022 was going to be significantly different than 2021, December 2021 and January 2022 events have thrown us for another (pandemic) loop. We anticipate that some of the privacy and cybersecurity...more
1/12/2022
/ Artificial Intelligence ,
Auto-Dialed Calls ,
Biometric Information ,
Biometric Information Privacy Act ,
California Consumer Privacy Act (CCPA) ,
California Privacy Rights Act (CPRA) ,
CAN-SPAM Act ,
CARU ,
CDPA ,
Consumer Privacy Rights ,
COPPA ,
Cross-Border Transactions ,
Cybersecurity ,
Data Breach ,
Data Privacy ,
Data Security ,
Employee Tracking ,
EU ,
FCC ,
Federal Trade Commission (FTC) ,
Food and Drug Administration (FDA) ,
General Data Protection Regulation (GDPR) ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Identity Theft ,
Machine Learning ,
Mobile Privacy ,
Ransomware ,
SCOTUS ,
TCPA
In today’s COVID-era, more retailers are offering innovative solutions for customers to shop with minimal brick-and-mortar browsing time. Options to place an order online and pick up your items in the store are extremely...more
5/14/2021
/ Brick-and-Mortar Stores ,
Coronavirus/COVID-19 ,
E-Commerce ,
Escheat ,
Online Marketplace ,
Policy Terms ,
Retailers ,
Safety Standards ,
Sales Tax ,
Sellers ,
Terms of Use
By ballot initiative, California residents recently approved Proposition 24, or the California Privacy Rights Act (CPRA), with approximately 56 percent voting in favor. CPRA significantly amends the CCPA by expanding...more
The California AG has now released the final CCPA regulations, as approved by the Office of Administrative Law (OAL). The final draft (issued August 14, 2020) incorporates some relatively minor changes that the OAG submitted...more
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On July 16, 2020, in the case colloquially known as “Schrems II,” the Court of Justice of the European Union (CJEU) struck down the EU-US Privacy Shield, finding it an invalid mechanism for transferring data from the EU to...more
On June 1, 2020, the California AG submitted the final text of the proposed CCPA regulations to the Office of Administrative Law (OAL). There were no changes to the final text from the last version released in March, which we...more
As many who have been tracking CCPA are aware, the law requires training employees who handle consumer inquiries, and ensuring that employees understand how to help consumers exercise their rights. Since most of those rights...more
During their COVID-19 preparations, companies are dusting off -and deploying- their business continuity plans. Also worth revisiting are incident response plans. Teams working remotely, if faced with a data breach, will still...more
As companies brace for the impact of COVID-19, the last thing on everyone’s mind may be proactive privacy compliance obligations. Certainly, companies may be thinking about privacy obligations that relate specifically to...more
With the continuing spread of the Coronavirus Disease 2019 (“COVID-19” or “coronavirus”), retailers are sure to face a number of issues that they can and should prepare for. The primary issues facing retailers will likely be...more
With the continuing spread of the Coronavirus Disease 2019 (“COVID-19” or “coronavirus”), retailers are sure to face a number of issues that they can and should prepare for. The primary issues facing retailers will likely be...more
With the continuing spread of the Coronavirus Disease 2019 (“COVID-19” or “coronavirus”), retailers are sure to face a number of issues that they can and should prepare for. The primary issues facing retailers will likely be...more
On February 10, the California Attorney General’s office released a highly anticipated updated draft of the proposed CCPA regulations. This draft corrected a version first issued on February 7, 2020. These latest updates...more
The California attorney general has released draft regulations for CCPA, giving companies further guidance on a variety of topics. The regulations are in draft, and comments are due to the attorney general’s office by...more
One of the CCPA amendments that has gone to the governor’s desk is AB 1564, which addresses the methods companies must make available to consumers to exercise their rights under CCPA. Businesses which operate exclusively...more
10/4/2019
/ California Consumer Privacy Act (CCPA) ,
Consumer Privacy Rights ,
Data Collection ,
Data Privacy ,
Data Subjects Rights ,
Email ,
Personal Data ,
Personally Identifiable Information ,
Privacy Laws ,
Proposed Amendments ,
Toll-Free Numbers ,
Websites
One of the amendments we’ve been watching over the past months is one that impacts rights of employees -both the company’s and other company’s employees. Under AB25, which passed the California Senate and is now awaiting...more
California legislators have passed many bills to amend the California Consumer Protection Act since the law was passed. Last week there was significant developments in the status of those bills, as we reported. In addition to...more
5/29/2019
/ Amended Legislation ,
California Consumer Privacy Act (CCPA) ,
Consumer Privacy Rights ,
Cybersecurity ,
Data Collection ,
Data Privacy ,
Data Protection ,
Data Rights ,
Data-Sharing ,
Pending Legislation ,
Personal Data ,
Personally Identifiable Information ,
Privacy Laws ,
Private Right of Action
Whether your favorite movie is The Wizard of Oz or The Princess Bride, we can all agree there is some good news about the California Consumer Privacy Act (CCPA) this Friday afternoon! SB 561 appears to have (mostly) died in...more
In response to the concern of many that the definition of consumer is so broad as to cover employees, a bill has been introduced in California to exclude employees from the scope of CCPA. As those who have been following CCPA...more