The decision is the first to find a Daniel’s Law unconstitutional based on First Amendment grounds and could impact ongoing litigation against hundreds of companies challenging similar laws....more
8/25/2025
/ Appeals ,
Cause of Action Accrual ,
Class Action ,
Constitutional Challenges ,
Due Process ,
Federal Court Litigation ,
First Amendment ,
Fourteenth Amendment ,
Free Speech ,
Personal Information ,
Privacy Laws ,
Public Information ,
Public Officials ,
State Privacy Laws ,
Statutory Interpretation ,
Statutory Violations ,
Strict Scrutiny Standard
In what appears to be an emerging privacy litigation trend, plaintiffs’ attorneys have recently filed a series of putative class action lawsuits targeting data companies in possession of cellular telephone numbers. The...more
7/8/2025
/ Class Action ,
Colorado ,
Consent ,
Consumer Protection Laws ,
Corporate Counsel ,
Data Brokers ,
Data Privacy ,
Fraud ,
Litigation Strategies ,
Privacy Laws ,
Putative Class Actions ,
State Privacy Laws ,
Telecommunications ,
Telemarketing
2024 was a pivotal year in the regulation of data practices, with increased scrutiny of artificial intelligence (AI), data brokers, and the ecosystem of commercial data, and the continued proliferation of comprehensive United...more
2/13/2025
/ Artificial Intelligence ,
Consumer Privacy Rights ,
Corporate Counsel ,
Cybersecurity ,
Data Brokers ,
Data Privacy ,
Data Protection ,
Federal Trade Commission (FTC) ,
Machine Learning ,
Privacy Laws ,
Regulatory Agenda ,
State Privacy Laws
Editor’s Note: Iowa became the sixth state in the nation to enact a comprehensive privacy law, and California’s latest privacy regulations came into effect. At the federal level, Congress experienced a leak of sensitive...more
Please join Consumer Financial Services Partner Dave Gettings and his fellow Partner Ron Raether as they discuss the Consumer Financial Protection Bureau and its supervision of the tenant screening industry. During this...more
1/5/2023
/ Class Action ,
Consumer Financial Protection Bureau (CFPB) ,
Consumer Protection Laws ,
Data Privacy ,
Fair Credit Reporting Act (FCRA) ,
Financial Services Industry ,
Privacy Laws ,
Regulatory Oversight ,
Regulatory Requirements ,
State Privacy Laws ,
Tenants
With the notice and cure set to expire on January 1, 2023, California Attorney General Rob Bonta (CA AG) provided a glimpse at what to expect with its first settlement of alleged violations of the California Consumer Privacy...more
9/1/2022
/ California Consumer Privacy Act (CCPA) ,
Consumer Privacy Rights ,
Corporate Counsel ,
Cybersecurity ,
Data Privacy ,
Data Protection ,
Data Security ,
Personal Information ,
Privacy Laws ,
Sephora ,
Statutory Violations
Editor’s Note: In the U.S. laws and regulation space, federal lawmakers continued to push the American Data Privacy and Protection Act forward, and the FTC pledged to enforce the law against the illegal use of highly...more
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
On March 24, Governor Spencer J. Cox signed the Utah Consumer Privacy Act (UCPA), making Utah the fourth state in the country to adopt a comprehensive privacy law. The UCPA is set to take effect on December 31, 2023, and this...more
Editor’s Note: It may be the shortest month of the year, but February 2022 saw a flurry of privacy — especially biometric — legislation move closer to enactment. Kentucky, California, Maryland, and New York state introduced...more
The California Privacy Protection Agency (CPPA) is the first state privacy agency in the nation and was created as part of the California Privacy Rights Act (CPRA). While this agency has already been formed, it will not begin...more
On July 7, Governor Jared Polis signed Colorado's comprehensive data privacy bill (SB 21-190) into law. The Colorado Privacy Act (CPA) will go into effect on January 1, 2023, making Colorado the third state to enact a...more
Do you want a simple way to keep current on important privacy changes? Avoid sleepless nights wondering whether you missed a privacy speed bump or pothole between annual updates? Worry no longer. Troutman Pepper is pleased to...more
On June 8, the Colorado legislature passed the Colorado Privacy Act (CPA). Assuming Governor Jared Polis signs the bill into law within 30 days, as is expected, Colorado will become the third state in the United States to...more
A federal court in Michigan recently ruled that out-of-state residents have standing to sue under the Michigan Personal Privacy Protection Act (PPPA). In Lin v. Crain Communications, Inc., Case No. 2:19-cv-11889 (E.D. Mich.,...more
Do you want a simple way to keep current on important privacy changes? Avoid sleepless nights wondering whether you missed a privacy speed bump or pothole between annual updates? Worry no longer. Troutman Pepper is pleased to...more
4/9/2021
/ Biometric Information Privacy Act ,
California Consumer Privacy Act (CCPA) ,
Consumer Privacy Rights ,
Cybersecurity ,
Data Collection ,
Data Privacy ,
Data Protection ,
Data Security ,
Opt-Outs ,
Personal Information ,
Popular ,
Privacy Laws
Like the California Consumer Privacy Act of 2018 (CCPA) and the California Privacy Rights Act of 2020 (CPRA), the Virginia Consumer Data Protection Act (VCDPA) does not grant a private right of action for alleged violations...more
Identifying data processing obligations is tricky, especially as overlapping privacy laws are enacted. Compliance will always hinge on understanding what laws jurisdictionally apply and a firm grasp of the data collected and...more
In Gardiner v. Walmart, Inc., a Walmart customer who purchased goods online filed a putative class action alleging that Walmart's cybersecurity procedures led to a purported unauthorized disclosure of his personal identifying...more
On March 15, California Attorney General Xavier Becerra announced that the California Office of Administrative Law approved his fourth set of proposed modifications to the California Consumer Privacy Act’s (CCPA) implementing...more
As we noted in Part One of this Series, which provides an introduction and overview of the Virginia Consumer Data Protection Act, most privacy laws – including those adopted in the United States – are built on the Fair...more
We have long predicted that just as other states followed California in passing breach notification laws, states would follow in California’s footsteps in regulating information privacy practices with the California Consumer...more
Do you want a simple way to keep current on important privacy changes? Avoid sleepless nights wondering whether you missed a privacy speed bump or pothole between annual updates? Worry no longer. Troutman Pepper is pleased to...more
2/3/2021
/ Biometric Information Privacy Act ,
California Consumer Privacy Act (CCPA) ,
Cybersecurity ,
Data Privacy ,
Data Protection ,
Data Security ,
Department of Health and Human Services (HHS) ,
European Data Protection Board (EDPB) ,
General Data Protection Regulation (GDPR) ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Privacy Laws
Do you want a simple way to keep current on important privacy changes? Avoid sleepless nights wondering whether you missed a privacy speed bump or pothole between annual updates? Worry no longer. Troutman Pepper is pleased to...more
1/8/2021
/ California Consumer Privacy Act (CCPA) ,
Consumer Privacy Rights ,
Corporate Counsel ,
Cybersecurity ,
Data Collection ,
Data Privacy ,
Data Protection ,
Data Security ,
Department of Health and Human Services (HHS) ,
General Data Protection Regulation (GDPR) ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Internet of Things ,
NIST ,
Personal Information ,
PHI ,
Popular ,
Privacy Laws
On December 10, the California attorney general released the fourth set of proposed modifications (Proposed Modifications) to the implementing regulations of the CCPA. These Proposed Modifications come only one month after...more
12/15/2020
/ California Consumer Privacy Act (CCPA) ,
Consumer Privacy Rights ,
Cybersecurity ,
Data Collection ,
Data Privacy ,
Data Protection ,
Data Security ,
Opt-Outs ,
Personal Information ,
Privacy Laws ,
State Attorneys General