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Inside Privacy Law: The Regulation of Personal Data
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The Evolution of Informed Consent in U.S. Courts
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
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
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
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
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
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
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
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
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
The California Invasion of Privacy Act continues to be a focal point for privacy litigation, particularly concerning website tracking practices. A recent case, Gabrielli v. Insider Inc. sheds new light on whether collecting...more
In a development that seems to have flown mostly under the radar this week, Virginia’s governor signed on Monday SB754, a bill passed by the state’s General Assembly that amends the state’s Consumer Protection Act to strictly...more
An oft-discussed topic on this blog is the rise in lawsuits asserting illegal wiretapping claims against companies that use technology on their websites to track consumer interactions. Recently, a Pennsylvania federal judge...more
On February 26, 2025, Arkansas Attorney General Tim Griffin filed a lawsuit against General Motors and its subsidiary OnStar (collectively, "GM"), alleging deceptive business practices related to the collection and sale of...more
Three recent federal court cases consider whether the use of third party trackers embedded in websites can be the basis of class action lawsuits alleging violations of statutes enacted before the internet existed. These...more
The rapid advancement of generative artificial intelligence (AI) technologies has transformed various sectors, including healthcare, finance, and entertainment. However, this evolution brings significant challenges regarding...more
Amazon faces allegations of unauthorized data collection in violation of federal and state privacy laws, including a first-of-its-kind claim under Washington’s My Health My Data Act (“MHMDA”). The MHMDA restricts businesses...more
In a notable development for corporate defendants grappling with consumer privacy litigation, the Southern District of New York has recently issued a decision in Lee v. Springer Nature America, Inc., embracing a broadened...more
Businesses operating in California that rely on location tracking – whether for fleet management, employee monitoring, logistics, or marketing – should pay close attention to a bill that would dramatically alter the legal...more
On February 10, 2025, the first class action complaint was filed pursuant to Washington’s MY Health MY Data Act (“MHMDA”), Wash. Rev. Code Ann. § 19.373.005 et seq. See Maxwell v. Amazon.com, Inc. et al., Case No. 2:25-cv-261...more
Beware of demand letters from plaintiffs’ attorneys for allegations of illegal use of pen registers, trap and trace pixels, and search bar pixels—why? This “trap and trace” litigation is a growing trend for plaintiffs’...more
As the debate simmers about the proper application of the wiretapping provisions of the California Invasion of Privacy Act (CIPA), courts continue to weigh in on what technologies may constitute improper third-party...more
Businesses that track the geolocation of individuals—whether for fleet management, sales and promotion, logistics, risk mitigation, or other reasons—should closely monitor the progress of California Assembly Bill 1355 (AB...more
Regulatory scrutiny is increasing concerning information of minors. Canadian privacy commissioners have identified minor's rights as a clear priority, and US regulators are setting strict parameters around what organizations...more
On February 10, 2025, a Washington state resident filed a lawsuit on behalf of herself and similarly situated individuals against Amazon under the Washington My Health My Data Act (MHMD). This is the first lawsuit brought...more
Over the last several years, litigation (often class actions) premised on the use of technology like session-replay products, web beacons, pixels, and cookies has proliferated. Typical theories include plaintiffs claiming...more