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And Then There Were Five: Connecticut Enacts Comprehensive Privacy Law

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 Poised to Become Fourth State with General Privacy Law

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

California Privacy Protection Agency Issues Invitation for Preliminary Comments on Proposed Rulemaking Under the California...

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

California Attorney General Mandates CCPA-Covered Businesses Honor the Global Privacy Control and Announces Update on CCPA...

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

No Harm, No Foul: Supreme Court Narrows Article III Standing to Require That All Class Members Suffer a Concrete Injury in Fact

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

Colorado Becomes Third State to Pass New General Privacy Law

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 Legislature Sends Novel Privacy Law to Governor's Desk

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 Requires Apps to Include New Privacy "Nutrition Label" by December 8, Delays Opt-In for Tracking Requirement Until Early...

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

New California Privacy Rights Act to Effectively Replace the California Consumer Privacy Act

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

CCPA Update: California Attorney General Submits Final Proposed Regulations to OAL

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

Third Time's the Charm? Newest Round of Modifications to Proposed CCPA Regulations Issued by the California Attorney General

On March 11, 2020, the California Attorney General issued further revisions to the proposed regulations implementing the California Consumer Privacy Act (CCPA)....more

CCPA Update: California Attorney General Issues Modifications to Proposed CCPA Regulations

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

Data Brokers Must Register with California Attorney General by January 31

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

U.S. Supreme Court Requires Warrant for Law Enforcement Requests for Location Information from Third Parties

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

California Enacts Sweeping Privacy Law to Avert Potential Ballot Measure

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

Eleventh Circuit LabMD Decision Significantly Restrains FTC's Remedial Powers in Data Security and Privacy Actions

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

What's Old Is New Again: FTC Takes Rare Step of Withdrawing and Reissuing Expanded Data Security Settlement with Uber in Light of...

On April 12, 2018, the Federal Trade Commission (FTC) announced that it was withdrawing its proposed August 2017 privacy and data security settlement with Uber Technologies and issuing a new and expanded proposed settlement....more

FTC Announces Settlement with PayPal for Alleged FTC Act and GLBA Violations by Venmo

On February 27, 2018, the Federal Trade Commission (FTC) announced that it had reached an agreement with PayPal to settle allegations that its peer-to-peer payment service, Venmo, engaged in deceptive acts and practices and...more

FTC Holds Workshop on Informational Injury

On December 12, 2017, the Federal Trade Commission (FTC) held a workshop to examine consumer injury in the context of privacy and data security. The motivation for the workshop, according to Acting FTC Chairman Maureen...more

A Look Ahead at Privacy and Data Security in 2018

2018 promises to be an interesting year in the world of privacy and cybersecurity. In this article, we highlight a few of the most notable developments we expect this year, including major developments in Europe, changes and...more

Sears Petitions FTC to Reopen and Modify 2009 Order Concerning Online Browsing Tracking

The Federal Trade Commission (FTC) is seeking public comment on a petition by Sears Holding Management requesting that the FTC reopen and modify a 2009 FTC order settling charges that Sears failed to disclose adequately the...more

Northern District of California Drops FTC Unfairness Claim Against D-Link Systems

The U.S. District Court for the Northern District of California recently issued a mixed ruling on D-Link Systems’ motion to dismiss in FTC v. D-Link Sys., Inc. D-Link sells routers and Internet protocol (IP) cameras that it...more

Key New Takeaways from Uber’s Privacy and Data Security Settlement with the FTC

On August 15, 2017, the Federal Trade Commission (FTC) announced that it had reached an agreement with Uber Technologies to settle allegations that the ride-sharing company had deceived consumers by failing to live up to its...more

Lenovo Settles FTC Charges Regarding Pre-Installed Software That Compromised Consumers' Cybersecurity and Privacy

On September 5, 2017, the Federal Trade Commission (FTC) announced that it and 32 state attorneys general had settled charges with Lenovo regarding the company's practice of pre-loading software on its laptops that...more

FTC Brings First Enforcement Actions Against Kids Apps Using Persistent Identifiers for Targeted Advertising

On December 17, 2015, the Federal Trade Commission (FTC) announced its first Children's Online Privacy Protection Act (COPPA) enforcement actions challenging the use of persistent identifiers to engage in targeted advertising...more

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