On January 15, 2024, the American Arbitration Association ("AAA") published updates to its Mass Arbitration Supplementary Rules and Fee Schedule, aimed at streamlining the mass arbitration process and reducing costs....more
On August 15, 2023, the Consumer Financial Protection Bureau ("CFPB") announced it was launching a rulemaking aimed at subjecting any company or entity that collects and sells consumer data to the Fair Credit Reporting Act...more
8/28/2023
/ Consumer Financial Protection Bureau (CFPB) ,
Consumer Reporting Agencies ,
Consumer Reports ,
Cybersecurity ,
Data Brokers ,
Data Collection ,
Data Privacy ,
Data Protection ,
Fair Credit Reporting Act (FCRA) ,
Financial Services Industry ,
Personal Data ,
Popular ,
Rulemaking Process
On May 3, 2023, the Federal Trade Commission ("FTC") issued an Order to Show Cause against Meta for alleged violations of Meta's 2012 and 2020 privacy orders and seeks to bar the company from monetizing data related to...more
On March 23, 2023, the Federal Trade Commission ("FTC") announced that it would propose a "click to cancel" provision in its rules governing subscriptions and recurring memberships. According to the FTC, the proposed rule...more
UNITED STATES -
Regulatory—Policy, Best Practices, and Standards -
President Biden Issues Cybersecurity Executive Order -
On May 12, 2021, President Biden issued an executive order that placed new standards on the...more
8/10/2021
/ Article III ,
Biden Administration ,
California Consumer Privacy Act (CCPA) ,
Cybersecurity ,
Cybersecurity Framework ,
Data Breach ,
Data Privacy ,
Data Protection ,
Enforcement Actions ,
Executive Orders ,
Facial Recognition Technology ,
Federal Trade Commission (FTC) ,
Hackers ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Information Technology ,
Mobile Apps ,
Personal Data ,
Popular ,
Ransomware ,
SCOTUS ,
Standing ,
TransUnion LLC v Ramirez
Florida law now provides a private right of action for violations of various telemarketing rules, allows the use of certain automated telemarketing methods with prior express written consent, and imposes certain restrictions...more
7/9/2021
/ Auto-Dialed Calls ,
Florida ,
Marketing ,
New Legislation ,
Prior Express Consent ,
Private Right of Action ,
Regulatory Reform ,
Regulatory Standards ,
Robocalling ,
Telecommunications ,
Telemarketing
The Development: The U.S. Supreme Court decided TransUnion LLC v. Ramirez, vacating a class-action judgment and holding that much of the class lacked Article III standing to seek damages for statutory violations. ...more
7/1/2021
/ 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
United States -
Regulatory—Policy, Best Practices, and Standard -
NIST Unveils Draft Guidance to Protect Critical Infrastructure -
On October 22, 2020, the National Institute of Standards and Technology ("NIST")...more
1/8/2021
/ CNIL ,
Consumer Privacy Rights ,
Court of Justice of the European Union (CJEU) ,
Cybersecurity ,
Cybersecurity Framework ,
Data Breach ,
Data Privacy ,
Data Protection ,
Data Protection Authority ,
Data Security ,
European Data Protection Board (EDPB) ,
General Data Protection Regulation (GDPR) ,
Information Commissioner's Office (ICO) ,
NIST ,
Personal Data ,
Popular ,
Risk Management
UNITED STATES -
Regulatory—Policy, Best Practices, and Standards -
NIST Releases Revision to Security Standard -
On September 23, the National Institute of Standards and Technology ("NIST") released Revision 5 to...more
The Situation: Less than one year after the California Consumer Privacy Act ("CCPA") became effective, California voters approved the California Privacy Rights Act ("CPRA"), a consumer privacy ballot initiative that amends...more
11/6/2020
/ Advertising ,
California Consumer Privacy Act (CCPA) ,
California Privacy Rights Act (CPRA) ,
Consumer Privacy Rights ,
Cybersecurity ,
Data Collection ,
Data Privacy ,
Data Protection ,
Data Security ,
Opt-Outs ,
Personal Information ,
Popular
On October 12, 2020, the California Attorney General released a third set of proposed modifications to the California Consumer Privacy Act ("CCPA") regulations.
On October 12, 2020, the California Attorney General issued...more
The Attorney General requested expedited review by the Office of Administrative Law and asked that the regulations become effective upon filing with the Secretary of State.
On June 1, 2020, the Office of the California...more
UNITED STATES -
Regulatory—Policy, Best Practices, and Standards -
Cybersecurity Standards Issued for Government Contractors -
On January 31, the Office of the Under Secretary of Defense for Acquisition and...more
4/1/2020
/ 5G Network ,
Artificial Intelligence ,
Canada ,
China ,
CNIL ,
Computer Fraud and Abuse Act (CFAA) ,
Coronavirus/COVID-19 ,
Cybersecurity ,
Cybersecurity Maturity Model Certification (CMMC) ,
Data Breach ,
Data Privacy ,
Data Protection ,
Data Protection Authority ,
Data Security ,
Department of Defense (DOD) ,
EU ,
European Commission ,
Executive Orders ,
Federal Trade Commission (FTC) ,
FERC ,
GAO ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Information Commissioner's Office (ICO) ,
Japan ,
Latin America ,
National Security ,
NIST ,
OCIE ,
OCR ,
Online Safety for Children ,
People's Bank of China ,
Public Health Emergency ,
Securities and Exchange Commission (SEC) ,
Social Media ,
State Attorneys General ,
Telehealth ,
Trump Administration ,
Unmanned Aircraft Systems
The Situation: Four months after releasing the initial draft proposed regulations to the California Consumer Privacy Act ("CCPA") of 2018, the California Attorney General ("Attorney General") issued modifications to these...more
2/21/2020
/ California Consumer Privacy Act (CCPA) ,
Comment Period ,
Consumer Privacy Rights ,
Cybersecurity ,
Data Protection ,
Notice Requirements ,
Opt-Outs ,
Privacy Policy ,
Proposed Regulation ,
Public Comment ,
Right To Know ,
State Attorneys General
The California Consumer Privacy Act has put businesses at substantial risk of data breach litigation and litigation from technical noncompliance.
On January 1, 2020, the California Consumer Privacy Act ("CCPA") went into...more
The Situation: On January 1, 2020, the California Consumer Privacy Act of 2018 ("CCPA") goes into effect, with enforcement by the California attorney general ("attorney general") to begin six months after the final...more
10/25/2019
/ California Consumer Privacy Act (CCPA) ,
Comment Period ,
Consumer Privacy Rights ,
Cybersecurity ,
Data Collection ,
Data Protection ,
Employee Privacy Rights ,
New Amendments ,
Privacy Laws ,
Proposed Regulation ,
Public Comment ,
Public Hearing
On October 10, 2019, the California attorney general released long-awaited proposed regulations under the California Consumer Privacy Act ("CCPA"). These regulations provide much-needed guidance on the CCPA requirements,...more
10/15/2019
/ California Consumer Privacy Act (CCPA) ,
Compliance ,
Consumer Privacy Rights ,
Data Collection ,
Data Privacy ,
Enforcement Actions ,
Minors ,
Notice Requirements ,
Opt-Outs ,
Personal Data ,
Privacy Policy ,
Public Comment ,
Public Hearing ,
Right to Delete ,
State Attorneys General ,
Verification Requirements
UNITED STATES -
Regulatory—Policy, Best Practices, and Standards -
NIST Releases Internal Report Regarding IoT Cybersecurity -
In September, the National Institute of Standards and Technology ("NIST") released a draft...more
12/26/2018
/ Civil Monetary Penalty ,
CNIL ,
Consumer Reporting Agencies ,
COPPA ,
Critical Infrastructure Sectors ,
Cross-Border ,
Cyber Attacks ,
Cybersecurity ,
Cybersecurity Framework ,
Data Breach ,
Data Protection ,
Department of Defense (DOD) ,
Disclosure Requirements ,
EU-US Privacy Shield ,
Federal Trade Commission (FTC) ,
Financial Services Industry ,
General Data Protection Regulation (GDPR) ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Hobbs Act ,
Internal Audit Functions ,
International Data Transfers ,
Internet of Things ,
NIST ,
Popular ,
Power Grid ,
Securities and Exchange Commission (SEC) ,
Securities Exchange Act
The Situation: Unanimously passed by the California state legislature, the California Consumer Privacy Act of 2018 introduces the nation's most wide-ranging consumer data privacy laws.
The Result: New consumer protections...more
7/5/2018
/ Consumer Protection Laws ,
Cybersecurity ,
Data Collection ,
Disclosure Requirements ,
General Data Protection Regulation (GDPR) ,
Governor Brown ,
New Legislation ,
Notice Requirements ,
Opt-Outs ,
Personal Data ,
Personally Identifiable Information ,
Portability ,
Right to Be Forgotten ,
State and Local Government
The Situation: A federal court recently considered the application of the exemption for charities under the Telephone Consumer Protection Act ("TCPA") in a case that also involved a for-profit defendant.
The Result: The...more
The Situation: Relating to a 2012 data breach lawsuit against Zappos.com, a district court had found that a certain group of plaintiffs lacked standing to sue because they "failed to allege instances of actual identity theft...more
4/5/2018
/ Appeals ,
Article III ,
Clapper v. Amnesty International ,
Cyber Attacks ,
Cybersecurity ,
Data Breach ,
Identity Theft ,
Injury-in-Fact ,
Internet Retailers ,
Motion to Dismiss ,
Personally Identifiable Information ,
Popular ,
Standing ,
Substantial Risk of Harm ,
Zappos
There has been a recent spike in attacks on 401(k) and retirement plans by cyber criminals. Some have been reported publicly, and we are aware of several nonpublic incidents as well....more