On March 2, 2023, the Federal Trade Commission (FTC) announced a proposed settlement agreement (also referred to as “proposed consent order”) with BetterHelp, Inc., an online counseling service, for allegedly disclosing its...more
On January 27, 2023, the Colorado Attorney General’s (Colorado AG) office released the third version of its proposed draft rules (third draft) for the Colorado Privacy Act (ColoPA) based on public comments it received on...more
On January 27, 2023, the California Attorney General (California AG) Rob Bonta announced an “investigative sweep” of mobile apps in retail, travel, and food service industries for failing to provide a mechanism for—or...more
On December 21, 2022, the Colorado Attorney General’s office published an updated version of proposed draft rules (“modified draft rules”) to the Colorado Privacy Act (ColoPA), which revise the initial draft rules issued in...more
On November 3, 2022, the California Privacy Protection Agency (CPPA, or the Agency) issued modified proposed regulations implementing the California Privacy Rights Act (CPRA),1 which revise the initial proposed regulations...more
On October 10, 2022, the Colorado Secretary of State published draft rules for the Colorado Privacy Act (ColoPA) in the Colorado Register, thus initiating a public comment period that will run through February 1, 2023.1 The...more
On August 30, 2022, the California legislature passed the California Age-Appropriate Design Code Act (the Act). Modeled after the UK's Age-Appropriate Design Code, California's act drastically changes the landscape of online...more
On August 24, 2022, the California Attorney General (AG) announced the entry of a final judgment to resolve claims that makeup retailer Sephora violated the California Consumer Privacy Act (CCPA). Notably, this is the...more
On July 8, 2022, the California Privacy Protection Agency (CPPA) began the formal rulemaking process to adopt proposed regulations implementing the amendments made by the California Privacy Rights Act (CPRA) to the California...more
7/13/2022
/ California ,
California Consumer Privacy Act (CCPA) ,
California Privacy Rights Act (CPRA) ,
Comment Period ,
Consumer Privacy Rights ,
Corporate Counsel ,
Data Privacy ,
Data Protection ,
Personal Information ,
Privacy Laws ,
State Privacy Laws
Connecticut became the fifth U.S. state to enact a comprehensive consumer privacy law following California, Virginia, Colorado, and Utah. On May 10, 2022, Connecticut Governor Ned Lamont signed "An Act Concerning Personal...more
Utah is poised to become the fourth state to enact comprehensive consumer privacy legislation, following California, Virginia, and Colorado. Earlier this month, Utah's legislature passed the Utah Consumer Privacy Act (S.B....more
The California Privacy Protection Agency (CPPA), the newly formed state agency responsible for implementing the California Privacy Rights Act (CPRA), recently posted its first invitation for public comment on proposed...more
Recently, the Office of the Attorney General of California announced three major updates that 1) added to the California Consumer Privacy Act's (CCPA) opt-out rules related to the sale of personal information, 2) made it...more
7/27/2021
/ California ,
California Consumer Privacy Act (CCPA) ,
Consumer Privacy Rights ,
Cybersecurity ,
Data Collection ,
Data Management ,
Data Privacy ,
Data Protection ,
Personal Data ,
Personally Identifiable Information ,
Privacy Laws ,
State and Local Government
On June 25, 2021, the U.S. Supreme Court decided TransUnion v. Ramirez, which held that even when a statute has been violated, and that statute provided a private right of action, plaintiffs still need a concrete injury in...more
7/16/2021
/ Article III ,
Class Action ,
Class Members ,
Credit Reporting Agencies ,
Credit Reports ,
Fair Credit Reporting Act (FCRA) ,
Injury-in-Fact ,
SCOTUS ,
Standing ,
TransUnion ,
TransUnion LLC v Ramirez
Colorado may soon enter the national stage for its new privacy legislation. On June 8, 2021, Colorado's legislature passed the Colorado Privacy Act (SB21-190) (ColoPA). The bill was recently sent to the Colorado governor's...more
Virginia is poised to become the second U.S. state to enact broad consumer privacy legislation. While the legislation draws some parallels with the California Consumer Privacy Act (CCPA) and upcoming California Privacy Rights...more
Apple recently announced that app developers must check a series of yes/no boxes that will generate a "nutrition label"-style summary of the app's privacy practices. This new summary, formally called "App Privacy," will be...more
On Election Day, November 3, 2020, California voters overwhelmingly voted in favor of Proposition 24—a ballot measure that creates the California Privacy Rights Act (CPRA). The CPRA revises and expands the California Consumer...more
On June 2, 2020, the California Attorney General announced that it had submitted the final proposed regulations package for the California Consumer Privacy Act (CCPA) to the California Office of Administrative Law (OAL). The...more
On March 11, 2020, the California Attorney General issued further revisions to the proposed regulations implementing the California Consumer Privacy Act (CCPA)....more
Updates to Compliance Likely Required -
On February 10, 2020, the California Attorney General issued the proposed text of modified regulations implementing the California Consumer Privacy Act (CCPA). This draft is a...more
Given Broad Definitions, the Law Could Apply to Businesses That Do Not Consider Themselves Data Brokers -
While amending the California Consumer Privacy Act of 2018 (CCPA) last term, the California legislature also passed...more
The U.S. Supreme Court has handed down a major decision, Carpenter v. United States, concerning the Fourth Amendment’s application to the rapidly evolving technological landscape. The 5-4 decision dramatically alters the...more
7/26/2018
/ Carpenter v US ,
Cell Phones ,
Cell Site Location Information (CSLI) ,
Electronically Stored Information ,
Fourth Amendment ,
Geolocation ,
Location Data ,
Probable Cause ,
Reasonable Expectation of Privacy ,
SCOTUS ,
Third-Party ,
Warrantless Searches
In a surprising twist, the California legislature rushed last week to pass one of the most comprehensive privacy laws in the country. The bill was introduced only a week prior, and within hours of passage, it was signed into...more
The U.S. Court of Appeals for the Eleventh Circuit recently released its highly anticipated decision in the long-running case pitting the now-defunct medical laboratory LabMD against the Federal Trade Commission (FTC),...more