News & Analysis as of

Consent Data Collection

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

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

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

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

Blake, Cassels & Graydon LLP

Pratiques exemplaires liées à la vérification numérique de l’identité dans le secteur canadien des services financiers

De nombreuses entreprises de services financiers sont tenues en vertu de lois et de règlements de vérifier l’identité de leurs clients. Il existe des outils technologiques novateurs qui simplifient le processus de...more

Woods Rogers

Virginia Consumer Protection Act Amendments Restrict Collection, Use, or Sharing of Health Information

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On March 24, 2025, Senate Bill 754 (pdf) was signed into law amending the Virginia Consumer Protection Act (VCPA), the Commonwealth’s general consumer protection law. The VCPA was originally passed in 1977 as remedial...more

Blake, Cassels & Graydon LLP

Digital Identity Verification Best Practices for Canadian Financial Services

Many financial services businesses are subject to legal or regulatory obligations that require them to verify the identity of their customers. Although innovative technological tools, including those using artificial...more

Alston & Bird

Arkansas Enacts Children and Teens’ Online Privacy Protection Act

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On April 21, 2025, Arkansas Governor Sarah Huckabee Sanders signed into law the Arkansas Children and Teens’ Online Privacy Protection Act (Act), which will become effective on July 1, 2026. It draws inspiration from the...more

Husch Blackwell LLP

Arkansas Legislature Passes Children and Teens’ Online Privacy Protection Act

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Keypoint: If signed by the governor, the Arkansas bill will create new obligations for the collection and processing of personal information for Arkansas children and teens under 16 years of age, however, compliance may prove...more

Wiley Rein LLP

Virginia Enacts Amendments to Consumer Protection Act

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Virginia recently amended its Consumer Protection Act (the Act) to provide enhanced protection for reproductive and sexual health information. These protections take effect on July 1, 2025. The amendment prohibits a...more

McDermott Will & Emery

Virginia Strengthens Reproductive Health Data Protections

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On March 24, 2025, the governor of Virginia signed into law Senate Bill 754, which amends the Virginia Consumer Protection Act (VCPA) to restrict the collection, use, sale, or sharing of personally identifiable reproductive...more

Klein Moynihan Turco LLP

VPPA Lawsuit Against Major Video Game Studio Dismissed

On April 2, 2025, the United States District Court for the Northern District of California granted Defendant’s Motion to Dismiss in Lakes et al. v. Ubisoft, Inc. In Lakes, Among other eavesdropping claims, Plaintiffs alleged...more

Klein Moynihan Turco LLP

Use of Tracking Tools Requires Notice and Consent!

When browsing the internet, consumers are accustomed to being presented with advertisements for products for which they previously had searched. Through use of third-party tracking tools, companies are able to monitor visitor...more

BCLP

Are Cookies Banners Crumbling?

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As anyone who uses the internet can attest, cookies banners pop up on almost every type of website and offer a dizzying and often annoying array of approaches and options to consumers. It is difficult to parse through what...more

Ius Laboris

New Data Protection Law Comes Into Effect in Mexico

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On 21 March 2025, the New Federal Law for the Protection of Personal Data in Possession of Private Parties came into effect, superseding and repealing the prior data protection law....more

BakerHostetler

Heightened Protection of Reproductive Health Information at US State Level on the Rise - Amendments to Virginia’s Consumer...

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On March 24, Virginia Gov. Glenn Youngkin approved SB 754, titled “Consumer Protection Act; prohibited practices, etc., reproductive or sexual health information.”...more

Baker Donelson

Recent Wiretapping Class Action Dismissal Offers Compliance Lessons

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In late March, an online retailer successfully asserted consent as a complete defense to a putative Pennsylvania Wiretapping and Electronic Surveillance Control Act of 1978 (WESCA) class action lawsuit, resulting in the...more

Fox Rothschild LLP

What is Sufficient Consent?

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The following is sufficient consent for the Video Privacy Protection Act and the California Invasion of Privacy Act, according to a recent decision in the U.S. District Court for the Northern District of California....more

Cooley LLP

Virginia Enacts New Broad Consent Requirement for Collection of Reproductive and Sexual Health Information

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On March 24, 2025, Virginia Gov. Glenn Youngkin signed into law SB 754, amending the state’s Consumer Protection Act to prohibit businesses from “[o]btaining, disclosing, selling, or disseminating any personally identifiable...more

Robinson+Cole Data Privacy + Security Insider

EdTech and Privacy of Student Information: A Case Study

On March 27, 2025, a class action lawsuit was filed against the education technology (EdTech) company Instructure, the parent company of Canvas, a popular learning management system. The complaint alleges that Instructure...more

Quarles & Brady LLP

Virginia’s New Sweeping Reproductive and Sexual Health Privacy Law May Affect All Companies Doing Business in the State

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Last week, on March 24, Virginia Governor Glenn Youngkin signed SB 754, which amends the Virginia Consumer Protection Act (Act) to regulate obtaining and disclosing “reproductive or sexual health information” by any...more

Hudson Cook, LLP

State AGs Step Up Privacy Enforcement

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With attention on Democratic Attorneys General vowing to fill the void left by weakened federal regulators, and perhaps a more partisan divide on enforcement generally, a bipartisan consensus is quietly emerging in the states...more

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