News & Analysis as of

Consent

Fisher Phillips

FTC’s Click-to-Cancel Rule Delayed Amid Legal Challenges: What Businesses Need to Know

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Federal officials just postponed enforcement of the Click-to-Cancel rule, which requires businesses offering subscriptions or memberships to provide a cancellation process as straightforward as the sign-up procedure. The...more

Marshall Dennehey

Post-Accident Drug Testing and Consent: Evaluating Reasonable Suspicion Under Florida Workers’ Compensation Law

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Juan Maldonado v. D & A Building Services, Inc./Bridgefield Casualty Insurance Company, OJCC Case No.: 24-018373NPP - The claimant was injured in a workplace accident and subsequently hospitalized. Following the incident, the...more

Bradley Arant Boult Cummings LLP

The TCPA Landscape in 2025: Key Developments and Compliance Priorities

The Telephone Consumer Protection Act (TCPA) continues to be a major source of litigation risk for businesses engaged in outbound marketing. In the first quarter of 2025, litigation under the TCPA surged dramatically, with...more

Seyfarth Shaw LLP

CPPA Underscores That Businesses Own CCPA Compliance – Even When Privacy Management Tools Fail

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The California Privacy Protection Agency (“CPPA”) has made it abundantly clear: privacy compliance isn’t just about publishing the right disclosures – it’s about whether your systems actually work. On May 6, the agency fined...more

Mintz - Privacy & Cybersecurity Viewpoints

Technical CCPA Violations Result in $345,178 Fine from California Privacy Protection Agency

The California Consumer Privacy Protection Agency (CPPA) Board has issued a Stipulated Final Order against Todd Snyder, Inc., a clothing retailer, ordering Todd Snyder to pay a $345,178 fine and implement various changes to...more

Benesch

Ubisoft Win Offers Defense Blueprint for VPPA Consent Challenges

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A recent decision from the Northern District of California may signal an important shift in the trend of how courts interpret “consent” under the Video Privacy Protection Act (VPPA). In Lakes v. Ubisoft, Inc., No....more

A&O Shearman

CNIL launches public consultation on draft recommendations relating to multi-terminal consent

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On April 24 2025, the French supervisory authority (CNIL) issued a draft recommendation to address challenges in collecting user consent for cookies and trackers across multiple devices (the Draft Recommendation). The new...more

Hinch Newman LLP

TCPA Quiet Hour Lawsuits Proliferate as FCC Considers the Legal Impact of Prior Consent

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The Telephone Consumer Protection Act is a federal statute that governs various telemarketing practices. Following the U.S. Supreme Court decision in Facebook v. Duguid (narrowing the interpretation autodialer), the...more

Maynard Nexsen

CPPA Enforcement Action Against Retailer for Failing to Monitor Cookie Consent and Requiring Excessive Verification Information...

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On May 6, the California Privacy Protection Agency (CPPA) issued a decision requiring national clothing retailer Todd Snyder, Inc. to change its business practices and pay a $345,178 administrative fine....more

Osano

3 Ways GRC Pros Can Manage Privacy Risk (and Still Have Time to Sleep, Eat, and Relax)

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Governance, risk, and compliance (GRC) can feel like thankless work at times. You can’t ship risk mitigation to market. It's not usually reflected on your balance sheet. Only especially canny investors notice the absence of...more

Orrick, Herrington & Sutcliffe LLP

Virginia Enacts Amendment to Protect Reproductive and Sexual Health Privacy

Virginia recently enacted an amendment to its state Consumer Protection Act to regulate the processing of Virginia consumers’ reproductive and sexual health information. Specifically, SB 754 prohibits businesses from...more

Wilson Sonsini Goodrich & Rosati

The “TAKE IT DOWN Act” Goes Up to President Trump’s Desk for Signature

On April 28, 2025, Congress passed the “TAKE IT DOWN Act.” In addition to criminalizing intentional publication of non-consensual intimate imagery, including computer-generated intimate imagery (collectively, NCII), the bill...more

Benesch

FTC Ride-Hail Lawsuit Shows Renewed Interest in Subscriptions

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Notwithstanding significant changes at the Federal Trade Commission (FTC) – including the removal of two of the five Commissioners, and the new appointment of Commissioner Mark Meador – the Commission has sent a clear message...more

Jackson Lewis P.C.

District Court Upholds Browsewrap Agreements in Pennsylvania Wiretap Class Action

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Online retailer Harriet Carter Gifts recently obtained summary judgment from the district court in a class action under Pennsylvania wiretap law. At the heart of this case is the interpretation and application of the...more

Faegre Drinker Biddle & Reath LLP

FTSA’s Application to Nonprofits Remains Unsettled as Florida’s Legislative Session Will End Without Remedial Legislation

The FTSA - The FTSA (Fla. Stat. § 501.059), often referred to as Florida’s mini-TCPA, regulates how and when solicitors can call and text consumers. Most notably for present purposes, it prohibits telephonic solicitations...more

Husch Blackwell LLP

U.S. Privacy Litigation Update: April 2025

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Keypoint: In this post: (1) The Ninth Circuit holds essentially any website can be sued in California; (2) two courts limit pen registry claims; (3) courts split on whether privacy policies establish consent for wiretapping...more

Fox Rothschild LLP

New CCPA Regs: Part 1: Dark Patterns

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New California Consumer Privacy Act (CCPA) Regs are here, with comments open until June 2. There are a lot of issues to address, and a lot of work for companies to implement. We are talking about billions of dollars in...more

Husch Blackwell LLP

CPPA Announces New CCPA Enforcement Action

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Keypoint: In its second non-data broker enforcement action for violations of the CCPA, the California Privacy Protection Agency entered into a stipulated final order with a retailer for a $345,178 administrative fine and...more

Kilpatrick

Call Me, Maybe? TCPA Jurisprudence Post-Loper Bright

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I’m not willing to admit how many times I’ve listened to Carly Rae Jepsen’s hit “Call Me Maybe,” but I’m well enough versed in its lyrics to safely conclude she likely provided her romantic interest prior express consent to...more

Eversheds Sutherland (US) LLP

Proposed CIPA amendment may stem the tide of CIPA class actions

In a prior alert, we predicted an uptick in class action complaints brought under the California Invasion of Privacy Act (CIPA) alleging that modern website analytical tools such as pixels, cookies and session replay software...more

BakerHostetler

COPPA Is Back in the Saddle: FTC Publishes Final Rule for Children’s Privacy

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Just as we’re getting ready to pick out our cowboy boots and bolo ties for Beyoncé’s Cowboy Carter Tour, the Federal Trade Commission (FTC or Commission) published its long-awaited finalized amendments (Final Rule) to the...more

Mintz - Technology, Communications & Media...

Telephone and Texting Compliance News: Litigation Update — One-to-One Consent Eleventh Circuit Challenge Dead

One-to-One Consent 11th Circuit Challenge Dead - As we previously reported, after the Eleventh Circuit vacated the Federal Communications Commission’s much-anticipated one-to-one consent rule in Insurance Marketing...more

Robinson+Cole Data Privacy + Security Insider

The VPPA: An Old Law with New Streams

Enacted in 1988, the Video Privacy Protection Act (VPPA) was intended to regulate the then-booming videotape industry by limiting how video rental and sales data is disclosed. The law was enacted in direct response to the...more

Bradley Arant Boult Cummings LLP

PART 1: “Staying in Our Lane”: Andrew Ferguson’s FTC Philosophy on Privacy Enforcement

Since Andrew Ferguson assumed the role of FTC chair in January 2025, following his year-long tenure as a commissioner, businesses have been watching closely for signals of how the agency might redirect its focus on privacy...more

Benesch

Tracking Technology Trouble: Shah v. Capital One Deepens Legal Risk Under CCPA and CIPA

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In Shah v. Capital One Financial Corporation, the Northern District of California handed down a ruling that may shape the trajectory of litigation involving tracking technologies, online privacy policies, and California’s...more

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