In a press release on March 10, 2025, California Attorney General (“California AG”) Rob Bonta announced an investigative sweep focusing on California Consumer Protection Act (“CCPA”) compliance within the location data...more
3/27/2025
/ California Consumer Privacy Act (CCPA) ,
Cookies ,
Data Collection ,
Enforcement Actions ,
Enforcement Priorities ,
Honda ,
Location Data ,
Opt-In ,
Opt-Outs ,
Privacy Laws ,
State Attorneys General ,
State Privacy Laws
As we progress deeper into the 2025 legislative season, comprehensive privacy law proposals continue to progress through the legislative process. In the weeks since our last update, Kentucky amended its comprehensive data...more
3/24/2025
/ Consumer Privacy Rights ,
Consumer Protection Laws ,
Data Privacy ,
Data Protection ,
Enforcement Actions ,
New Legislation ,
Privacy Laws ,
Proposed Amendments ,
Proposed Legislation ,
Sensitive Personal Information ,
State Privacy Laws
On January 13, 2025, the California AG’s Office (“AGO”) issued two legal advisories regarding the application of existing California law to AI generally as well as the use of AI specifically in healthcare....more
1/30/2025
/ Artificial Intelligence ,
Automated Decision Systems (ADS) ,
Automated Systems ,
Data Privacy ,
Discrimination ,
Enforcement Actions ,
Health Care Providers ,
Health Insurance ,
Insurance Industry ,
Privacy Laws ,
State Attorneys General
In the final days of the Biden Administration, the U.S. Department of Health and Human Services Office for Civil Rights (“HHS OCR”) remained active in resolving a large number of investigations, reflecting the agency’s...more
On January 13, 2025, the Texas Attorney General (AG) announced a lawsuit against insurance company Allstate, and its subsidiary, Arity, for allegedly collecting, using and selling the geolocation and movement of Texan...more
1/22/2025
/ Allstate ,
Consent ,
Consumer Privacy Rights ,
Data Collection ,
Data Privacy ,
Enforcement Actions ,
Geolocation ,
Personal Data ,
Privacy Laws ,
State Attorneys General ,
State Privacy Laws ,
Statutory Violations
2024 was another year of substantial legislative and regulatory advances at the international, federal, and state levels with regard to data protection law. Artificial intelligence (AI) regulation continued to hurdle forward...more
1/16/2025
/ Artificial Intelligence ,
Consumer Privacy Rights ,
Corporate Counsel ,
Data Privacy ,
Data Protection ,
Department of Justice (DOJ) ,
Enforcement Actions ,
EU ,
Federal Trade Commission (FTC) ,
New Legislation ,
Privacy Laws ,
Proposed Legislation ,
State Attorneys General ,
State Privacy Laws
On December 3, 2024, the Federal Trade Commission (FTC) announced two enforcement actions against large data aggregator companies, Mobilewalla, Inc. (“Mobilewalla”) and Gravy Analytics Inc. (“Gravy Analytics”), for alleged...more
On September 25, 2024, the Federal Trade Commission (FTC) announced the launch of “Operation AI Comply,” an initiative created to tackle unfair and deceptive business practices involving the use of artificial intelligence...more
On September 18, the Texas Attorney General (AG) announced a settlement agreement with Pieces Technologies, Inc. (“Pieces”), a Dallas-based healthcare artificial intelligence (AI) research and development firm, resolving...more
10/10/2024
/ Artificial Intelligence ,
Corporate Counsel ,
Enforcement Actions ,
False Statements ,
Hospitals ,
Med Tech ,
Misleading Statements ,
PHI ,
Research and Development ,
Settlement ,
State Attorneys General ,
Unfair or Deceptive Trade Practices
On August 30, the Federal Trade Commission (FTC) entered into a proposed settlement order with cloud-based physical security solutions provider, Verkada Inc. (“Verkada”), settling allegations of data security violations and...more
The Federal Trade Commission (FTC) has been actively flexing its authority as a privacy regulator in recent months. The agency has been especially focused on identifying data practices it views to be “unfair”, thereby...more
9/9/2024
/ Consent Order ,
Consumer Privacy Rights ,
Cookies ,
Data Collection ,
Data Privacy ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
FTC Act ,
Marketing ,
Misrepresentation ,
Security and Privacy Controls ,
Third-Party Service Provider ,
Web Browsers ,
Web Tracking
On June 18, the California Attorney General (“AG”) and Los Angeles City Attorney announced a settlement with Tilting Point Media, the maker of a mobile app game called “SpongeBob: Krusty Cook-Off,” resolving allegations that...more
6/28/2024
/ California Consumer Privacy Act (CCPA) ,
COPPA ,
Enforcement Actions ,
Online Safety for Children ,
Opt-In ,
Parental Consent ,
Popular ,
Privacy Policy ,
Settlement ,
State Attorneys General ,
Website Design
On April 2, the California Privacy Protection Agency (CPPA or “the Agency”) issued the Agency’s first-ever enforcement advisory. The advisory (“Applying Data Minimization to Consumer Requests”) reaffirms data minimization as...more
This post is part of a series of articles we are doing on 2023 data protection litigation trends.
While the California Consumer Privacy Act (CCPA) is most known for its onerous privacy compliance obligations, the law also...more
3/4/2024
/ California Consumer Privacy Act (CCPA) ,
Class Action ,
Consumer Privacy Rights ,
Corporate Counsel ,
Data Breach ,
Data Privacy ,
Data Protection ,
Enforcement Actions ,
Personal Information ,
Private Right of Action ,
Right To Cure ,
Security and Privacy Controls ,
State Attorneys General ,
Statutory Damages ,
U-Haul ,
Wells Fargo
On February 21, the California Attorney General (“AG”) announced a settlement with DoorDash, an online food delivery service, to resolve allegations that the company violated the California Consumer Privacy Act (CCPA) and...more
3/1/2024
/ Advertising ,
California Consumer Privacy Act (CCPA) ,
CalOPPA ,
Civil Monetary Penalty ,
Compliance ,
Consumer Privacy Rights ,
Data Selling ,
Data-Sharing ,
DoorDash ,
Enforcement Actions ,
Enforcement Priorities ,
Personal Information ,
Sephora ,
State Attorneys General ,
Statutory Violations ,
Stipulated Judgment ,
Third-Party
On February 1, the Federal Trade Commission (FTC or “the Commission”) announced that it had reached a settlement with Blackbaud, a software company, resolving claims related to a 2020 data breach that resulted in the...more
2/23/2024
/ Consent Agreements ,
Cybersecurity ,
Data Breach ,
Data Retention ,
Data Security ,
Encryption ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
Internal Data Controls ,
Misleading Statements ,
Personal Information ,
Popular ,
Securities and Exchange Commission (SEC) ,
Settlement ,
Third-Party Service Provider
On January 9, 2024, the Federal Trade Commission (FTC) issued its first ever prohibition on the use, sale and disclosure of sensitive location data against X- Mode Social and Outlogic (“X-Mode”), a location data broker. Only...more
2/12/2024
/ Data Brokers ,
Data Collection ,
Data Deletion ,
Data Processors ,
Data Retention ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
Informed Consent ,
Location Data ,
Location Privacy ,
Sensitive Personal Information
The Federal Trade Commission (FTC) recently published a post on their Business Guidance Blog discussing lessons learned from three enforcement actions against sellers of genetic testing products. These guidelines address...more
1/25/2024
/ Advertising ,
Artificial Intelligence ,
Biometric Information ,
Civil Monetary Penalty ,
Compliance ,
Data Privacy ,
Data Security ,
Enforcement Actions ,
Enforcement Priorities ,
Federal Trade Commission (FTC) ,
Genetic Testing ,
HIPAA Breach Notification Rule ,
Rite Aid ,
Sensitive Personal Information
As we have detailed previously, 2023 was a landmark year for privacy law, featuring numerous developments at the federal, state and international levels, ranging from newly enacted statutes to massive regulatory enforcement...more
1/17/2024
/ Adtech ,
Artificial Intelligence ,
Audits ,
Biden Administration ,
Breach Notification Rule ,
California Consumer Privacy Act (CCPA) ,
California Privacy Rights Act (CPRA) ,
COPPA ,
Cybersecurity ,
Electronic Protected Health Information (ePHI) ,
Enforcement ,
Enforcement Actions ,
Executive Orders ,
Federal Trade Commission (FTC) ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Popular ,
Privacy Laws ,
Proposed Legislation ,
Regulatory Requirements ,
Rulemaking Process ,
Sensitive Personal Information ,
State Privacy Laws
On December 19, 2023, the Federal Trade Commission (FTC) announced an enforcement action against the retail pharmacy Rite Aid for unfair practices associated with its use of a facial recognition technology (FRT) surveillance...more
1/15/2024
/ Artificial Intelligence ,
Biometric Information ,
Customer Privacy ,
Customers ,
Data Retention ,
Enforcement Actions ,
Facial Recognition Technology ,
Federal Trade Commission (FTC) ,
Pharmacies ,
Retailers ,
Risk Assessment ,
Rite Aid ,
Surveillance ,
Third-Party Service Provider ,
Unfair or Deceptive Trade Practices
On December 20, the Federal Trade Commission (FTC or “the Commission”) published a notice of proposed rulemaking (NPRM) proposing amendments to the Children’s Online Privacy Protection Rule (the “COPPA Rule” or the “Rule”)....more
1/15/2024
/ Biometric Information ,
COPPA ,
Data Security ,
Enforcement Actions ,
Exceptions ,
Federal Trade Commission (FTC) ,
Microsoft ,
Notice Requirements ,
NPRM ,
Online Platforms ,
Parental Consent ,
Personal Information ,
Proposed Amendments ,
Public Schools ,
Safe Harbors ,
Websites
On November 16, the Federal Trade Commission (FTC) announced an enforcement action against Global Tel*Link Corporation and two of its subsidiaries (collectively, “GTL”), which provide communications and payment services to...more
12/8/2023
/ Breach Notification Rule ,
Corporate Counsel ,
Cyber Incident Reporting ,
Cybersecurity ,
Data Breach ,
Data Security ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
Misrepresentation ,
Payment Systems ,
Popular ,
Prison ,
Proposed Standards ,
Section 5 ,
Telecommunications ,
Unfair or Deceptive Trade Practices
On June 27, the Federal Trade Commission (FTC) announced an enforcement action against Publishers Clearing House (PCH) in connection with the company’s long-running sweepstakes promotions. Though the FTC’s complaint alleges a...more
7/18/2023
/ Advertising ,
CAN-SPAM Act ,
Consumer Privacy Rights ,
Contests & Promotions ,
Data Collection ,
Data-Sharing ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
Misrepresentation ,
Personal Data ,
Privacy Policy ,
Sweepstakes ,
Targeted Digital Advertising
On June 16, the Federal Trade Commission (FTC) announced an enforcement action against 1Health.io Inc. (“1Health,” also known as Vitagene, Inc.), a genetic testing company that analyzes consumer-provided DNA samples and uses...more
6/30/2023
/ Consent Order ,
Data Protection ,
Data Security ,
DNA ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
FTC Act ,
Genetic Materials ,
Genetic Testing ,
Privacy Policy ,
Section 5 ,
Sensitive Personal Information ,
Unfair or Deceptive Trade Practices
On June 5th, the Federal Trade Commission (FTC) announced a settlement with Microsoft over alleged violations of the Children’s Online Privacy Protection Act (COPPA) for its data practices involving its Xbox live product. ...more
6/21/2023
/ Amazon ,
Compliance ,
COPPA ,
Data Collection ,
Data Retention ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
Microsoft ,
Minors ,
Parental Consent ,
Personal Information ,
Popular ,
Xbox