On May 25, 2024, Minnesota Governor Tim Walz signed the Minnesota Consumer Data Privacy Act (the "Act"), which takes effect on July 31, 2025, for most controllers and on July 31, 2029, for certain postsecondary educational...more
6/5/2024
/ Consumer Privacy Rights ,
COPPA ,
Data Collection ,
Data Controller ,
Data Protection ,
Data Security ,
Data Selling ,
Enforcement ,
Fair Credit Reporting Act (FCRA) ,
Gramm-Leach-Blilely Act ,
Health Insurance Portability and Accountability Act (HIPAA) ,
New Legislation ,
Opt-Outs ,
Personal Data ,
PHI ,
State Privacy Laws ,
Targeted Digital Advertising
The AI executive order moves the U.S. closer to a broader unified approach on federal AI regulation, expanding on the AI Bill of Rights and NIST AI Risk Management Framework and focusing on the responsible development and...more
11/8/2023
/ Anti-Discrimination Policies ,
Artificial Intelligence ,
Biden Administration ,
Consumer Financial Protection Bureau (CFPB) ,
Cybersecurity ,
Defense Production Act ,
Department of Energy (DOE) ,
Department of Homeland Security (DHS) ,
ECOA ,
Executive Orders ,
Fair Credit Reporting Act (FCRA) ,
Fair Housing Act (FHA) ,
HUD ,
Infrastructure ,
National Security ,
NIST ,
OMB ,
Patent Trial and Appeal Board ,
Popular ,
Privacy Laws ,
Public Health ,
Risk Management ,
Security Standards ,
Technology Sector ,
U.S. Commerce Department
The Texas Data Privacy and Security Act (TDPSA) became law on June 16, 2023. Texas becomes the 11th state to enact a comprehensive consumer data privacy law, joining California, Virginia, Colorado, Connecticut, Utah, Iowa,...more
7/7/2023
/ Biometric Information ,
Compliance ,
Consent ,
Data Privacy ,
Data Protection ,
Data Security ,
Fair Credit Reporting Act (FCRA) ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Non-Discrimination Rules ,
Notice Requirements ,
Opt-Outs ,
Popular ,
Private Right of Action ,
Reporting Requirements ,
SBA ,
Sensitive Personal Information ,
Small Business ,
State Privacy Laws ,
Texas
The Tennessee Information Protection Act (TIPA) passed unanimously through both houses of the Tennessee legislature and was signed by Governor Bill Lee on May 11, 2023. Tennessee joins seven states in enacting a comprehensive...more
5/16/2023
/ Biometric Information ,
Consumer Privacy Rights ,
Controlled Substances Act ,
COPPA ,
Fair Credit Reporting Act (FCRA) ,
FERPA ,
Gramm-Leach-Blilely Act ,
HCQIA ,
Health Insurance Portability and Accountability Act (HIPAA) ,
HITECH Act ,
New Legislation ,
NIST ,
Noncompliance ,
Personal Information ,
State Privacy Laws ,
Title V
The U.S. Supreme Court's opinion in TransUnion LLC v. Ramirez, No. 20-297, 594 U.S. __, 2021 WL 2599472 (June 25, 2021), includes powerful language for defendants to use in seeking an early dismissal of consumer class actions...more
7/6/2021
/ 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
Last week, the U.S. Supreme Court heard oral argument on whether and to what extent class members' injuries and standing are relevant to class certification in TransUnion v. Ramirez. The complaint in the district court...more
The U.S. Supreme Court recently issued its much-anticipated ruling in Spokeo v. Robins, in which the Court considered whether Congress can confer Article III standing on a plaintiff to bring an action based on an alleged...more
When the Supreme Court granted certiorari in Spokeo v. Robins, it was clear that a ruling in the case would have significant implications for litigation under privacy statutes. The issue before the Court was whether Congress...more
In essence, the question presented in Spokeo is whether a statutory violation, without more, satisfies the injury requirements for Article III standing purposes. Should the Court rule in Spokeo, Inc.’s favor when it hears the...more
5/4/2015
/ Corporate Counsel ,
Fair Credit Reporting Act (FCRA) ,
Federal Jurisdiction ,
Imminent Harm ,
Popular ,
Private Right of Action ,
SCOTUS ,
Spokeo v Robins ,
Standing ,
Statutory Damages ,
Young Lawyers
On April 27 the United States Supreme Court granted certiorari in Spokeo, Inc. v. Robins, setting the stage for the high court to resolve a critical standing question that is an issue in almost all online privacy cases:...more