News & Analysis as of

Consumer Privacy Rights

Venable LLP

California Privacy Protection Agency Warns Businesses Against “Dark Patterns” and Urges “Symmetry in Choice”

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Not to be left behind by other regulators, the California Privacy Protection Agency (CPPA) recently issued an enforcement advisory on “dark patterns” in the context of the notice and consent required under the California...more

Sheppard Mullin Richter & Hampton LLP

California Regulator Cautions Businesses Against the Use of Dark Patterns

On September 4, the California Privacy Protection Agency (“CPPA”) issued an Enforcement Advisory cautioning businesses against the use of “dark patterns” in their consumer-facing user interfaces. The California Consumer...more

Jones Day

Brazil Amps Up Enforcement of Data Protection Law

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Actions in the last six months of the Brazilian National Data Protection Authority (“ANPD”) suggest that it intends to aggressively enforce the Brazilian Data Protection Law (“LGPD”). The LGPD applies to any entity that...more

Clark Hill PLC

Right To Know - September 2024, Vol. 21

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Cyber, Privacy, and Technology Report - Welcome to your monthly rundown of all things cyber, privacy, and technology, where we highlight all the happenings you may have missed....more

Epstein Becker & Green

Upcoming Consumer Privacy Laws: What Organizations Must Know for 2024 and 2025

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Over the past several years, the number of states with comprehensive consumer data privacy laws has increased exponentially from just a handful—California, Colorado, Virginia, Connecticut, and Utah—to up to twenty by some...more

Nelson Mullins Riley & Scarborough LLP

Colorado Privacy Act Draft Amendments: Biometric Data, Children's Privacy, and Opinion Letters

On Sept. 13, the Colorado Attorney General’s Office proposed amendments to the Colorado Privacy Act (CPA) affecting biometric data, children's privacy, and opinion letters....more

Venable LLP

Federal Agencies Increase Focus on Pricing Enforcement

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Last month, the Federal Trade Commission (FTC) and U.S. Department of Justice (DOJ) jointly hosted a public meeting of the interagency “Strike Force on Unfair and Illegal Business Practices.” The meeting was a continuation of...more

Dorsey & Whitney LLP

A Cheat Sheet from the National Advertising Division Conference 2024

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​​​​​​​Earlier this week we met up in lower Manhattan with friends, colleagues and many news faces at the 2024 National Advertising Division (“NAD”) conference. As always, it was great to see and hear from experienced...more

Orrick, Herrington & Sutcliffe LLP

California’s CPPA issues advisory on “dark patterns”

On September 4, the California Privacy Protection Agency (“CPPA”) issued an enforcement advisory warning businesses against using “dark patterns” in their user interfaces. “Dark patterns” are choices a company makes regarding...more

DLA Piper

Australia: Long Awaited Australian Privacy Reform Comes to Fruition

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The Australian Government has today published a draft Bill outlining the next steps in Australia’s Privacy Act Review process.  The changes to be implemented by the Privacy and Other Legislation Amendment Bill 2024 include...more

Nelson Mullins Riley & Scarborough LLP

California Privacy Protection Agency Launches Informative Blog for Privacy Updates

The California Privacy Protection Agency (CPPA) has taken a step towards enhancing transparency and public engagement around its objectives and priorities by launching its official blog. This platform, available at CPPA Blog...more

Paul Hastings LLP

California Privacy Protection Agency (CPPA) to Businesses: Avoid Dark Patterns

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On September 4, 2024, the California Privacy Protection Agency (CPPA) issued an Enforcement Advisory on the importance of avoiding dark patterns. As we have previously written, dark patterns were first addressed in detail in...more

Jackson Lewis P.C.

Amendment to CCPA Would Require Consumer OptOut Elections to be Preserved Following M&A Transactions

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Data privacy and security risk and compliance issues relating to exchanges of personal information during merger, acquisition, and similar transactions can sometimes be overlooked. In 2023, we summarized an enforcement action...more

Epstein Becker & Green

Consumer Privacy Update: What Organizations Need to Know About Impending State Privacy Laws Going into Effect in 2024 and 2025

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Over the past several years, the number of states with comprehensive consumer data privacy laws has increased exponentially from just a handful—California, Colorado, Virginia, Connecticut, and Utah—to up to twenty by some...more

Wiley Rein LLP

FCC Sets October Comment Deadlines on NPRM for AI-Generated Calls and Texts

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The Federal Communications Commission (FCC or Commission) has announced comment deadlines for a Notice of Proposed Rulemaking and Notice of Inquiry (NPRM and NOI) released in early August that, among other things, proposes...more

Lathrop GPM

Is AI Putting Your Organization at Risk?

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AI tools often drive efficiency and save money, but they have drawbacks. Here’s what to know....more

Husch Blackwell LLP

Proposed Draft Amendments to Colorado Privacy Act Rules Published

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Keypoint: The proposed draft amendments modify the Colorado Privacy Act Rules to create a process for issuing opinion letters and interpretative guidance and to address the biometric and children’s privacy amendments passed...more

Burr & Forman

That’s the Way the Cookie Crumbles

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Do you know what cookies your company’s website is using? If not, you likely do not know whether your company’s website is honoring users’ data protection choices involving the use of cookies. You should know and care so your...more

Alston & Bird

California Joins the Neural Data Bandwagon

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On August 31, the California assembly passed SB1223, which amends the CCPA/CPRA to include “neural data” as a type of sensitive data.  SB1223, which is likely to become law, defines “neural data” as “information that is...more

Carlton Fields

California Privacy Protection Agency Issues Dark Pattern Enforcement Advisory

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On September 4, the California Privacy Protection Agency issued an enforcement advisory regarding “choice architectures that have the substantial effect of subverting or impairing a consumer’s autonomy, decision-making, or...more

Fisher Phillips

Do Dark Patterns Lurk on Your Website? 4 Steps Businesses Should Take as Regulators Focus on How Privacy Rights Are Presented on...

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Businesses with a website beware: California regulators just warned that the law prohibits your website from making website users jump through hoops or otherwise confusing them as they try to exercise their privacy rights,...more

Coblentz Patch Duffy & Bass

[Webinar] 2024 Privacy Overview: How to Ensure Compliance and Reduce Business Risk - September 24th, 10:00 am - 11:15 am PT

2024 has been another big year for privacy, with significant developments happening almost daily. Several new state privacy laws are going into effect, with several more coming in 2025, and discussions surrounding a potential...more

Husch Blackwell LLP

U.S. Privacy Litigation Update: August 2024

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Keypoint: California district courts continue to split over whether “knowledge” is required to plead liability under Section 631(a)’s fourth prong while two decisions show courts taking different approaches to VPPA claims at...more

Jones Day

D.C. Appellate Court Revives Case Against Coca-Cola, Placing "Sustainability" Claims Under Scrutiny

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In reversing a lower court ruling, the D.C. Court of Appeals makes actionable vague, aspirational statements of sustainability as deceptive and misleading representations under the D.C. Consumer Protection Procedures Act...more

WilmerHale

FTC’s Enforcement Action Against Avast Signals Increased Focus on Consumer Web Data

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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

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