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CFPB's Inquiry Into Payments Privacy — Payments Pros – The Payments Law Podcast [Audio]

In the latest episode of Payments Pros, host Carlin McCrory welcomes Kim Phan to discuss the Consumer Financial Protection Bureau's (CFPB) recent inquiries into enhancing privacy protections. On January 10, the CFPB sought...more

CFPB Approves Financial Data Exchange as Open Banking Standard Setter

On January 8, the Consumer Financial Protection Bureau (CFPB) officially recognized Financial Data Exchange, Inc. (FDX) as the first standard-setting body under the Personal Financial Data Rights promulgated rule under...more

Practical Approaches to the CCPA

The California Consumer Privacy Act of 2018 (as amended, including by the California Privacy Rights Act, the “CCPA”) was drafted by a privacy rights activist, initially passed and later amended multiple times by the...more

Minnesota Enacts the Latest State Privacy Law – HF 4757 / SF 4782

On May 24, Minnesota Governor Tim Walz (D) signed the Minnesota Consumer Data Privacy Act (MCDPA) into law. The MCDPA largely aligns with previous state consumer privacy laws, but it introduces some significant and novel...more

Maryland Enacts Age Appropriate Design Code

On May 9, Maryland became the second state to enact an (AADC), the Maryland Kids Code, alongside the Maryland Online Data Privacy Act (MODPA) — Maryland’s first comprehensive data privacy bill. Maryland’s AADC follows...more

Nebraska Enacts Comprehensive Privacy Law

On April 12, Nebraska Governor Jim Pillen signed Legislative Bill 1074 into law, making Nebraska the 16th U.S. state to enact a comprehensive privacy law. The Nebraska Data Privacy Act (NEDPA) will take effect on January 1,...more

FTC Says Unilateral Policy Changes for AI Product Development Could be Unfair or Deceptive

On February 13, the Federal Trade Commission (FTC) released a blog post warning companies that it could be deemed an unfair or deceptive practice for a company to adopt more permissive data practices and to only inform...more

The Garden State Joins the Privacy Party

On January 16, New Jersey Governor Phil Murphy signed S332 (the act), making New Jersey the first state in 2024 to enact a comprehensive privacy law. Several other states are currently considering similar comprehensive...more

FTC's Sensitive Location Privacy Collection and Sale Expectations: Insights From Data Broker Settlements (and 10 Action Items to...

Following several years of investigating the common practices in the space, the Federal Trade Commission (FTC) reached its first settlement with a data broker over the alleged collection and sale of location information that...more

Silver Lining for Cos. in Proposed Calif. Privacy Law Changes

On Oct. 17 and again on Nov. 3, the California Privacy Protection Agency, or CPPA, modified the text of the proposed regulations implementing the California Privacy Rights Act, or CPRA. Originally published in Law360 on...more

More Privacy, Please - January 2023

Editor’s Note: In regulatory news, the Colorado AG published a second version of its proposed regulations. In U.S. litigation, Meta and TikTok both faced further litigation, and an Illinois court ruled that J&M Plating must...more

More Privacy, Please - November 2022

Editor’s Note: The California Privacy Protection Agency released amendments to its draft regulations, and the Consumer Finance Protection Bureau contemplates rulemaking on sharing financial data. In U.S. litigation, the first...more

More Privacy, Please - July 2022

Editor’s Note: In the U.S. laws and regulation space, federal lawmakers formally introduced bipartisan comprehensive federal privacy legislation titled, the American Data Privacy and Protection Act. Meanwhile, California...more

California Privacy Protection Agency Publishes Draft Rules

The California Privacy Rights Act (CPRA) established the California Privacy Protection Agency (CPPA), and requires the CPPA to adopt, amend, and rescind regulations on 22 topics — including, among other things, definitions,...more

CPRA Series: Part Three – Notice and Disclosure Obligations

As we explained in an earlier installment, most privacy law derive from the Fair Information Practice Principles (FIPPs). The FIPPs provide, in part, that consumers should be given notice of how their information will be used...more

A Fresh “Face” of Privacy: 2022 Biometric Laws

Q: What states have biometric laws and what does this mean for my company? ...more

A Fresh "Face" of Privacy: 2022 Biometric Laws

Introduction: Biometric Laws in 2022 - In the first quarter of 2022 alone, no fewer than seven states have introduced biometric laws — California, Kentucky, Maine, Maryland, Massachusetts, Missouri, and New York — generally...more

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