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Contract Terms Consumer Privacy Rights

Holland & Knight LLP

Google Search: Data Sharing as a Risk or Remedy?

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Google is so ubiquitous it's both a noun and a verb, and nearly everyone's search engine of choice. As a result, the landmark antitrust case brought by the U.S. Department of Justice and several states (collectively, the...more

Bass, Berry & Sims PLC

Honda Settles with the CPPA Over Privacy Violations: Key Takeaways for Businesses

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The California Privacy Protection Agency (CPPA) recently announced a settlement with American Honda Motor Co., Inc. (Honda) over alleged privacy violations. The settlement arises from the CPPA’s investigation into the privacy...more

Benesch

Navigating the Fine Print: Ninth Circuit Tightens Scrutiny on Digital Arbitration Agreements

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A recent Ninth Circuit decision, Chabolla v. ClassPass, Inc., underscores critical considerations for retailers with online Terms of Service / Use agreements, particularly regarding arbitration provisions and related consumer...more

McGuireWoods LLP

California Enacts New Bill to Strengthen Customer Protection on Automatic Renewals

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On September 24, 2024, California enacted Assembly Bill 2863 (the “Bill”) to take effect on July 1, 2025. The Bill updates California’s regulations governing automatic renewals and continuous services. An automatic renewal or...more

Clark Hill PLC

FTC Finalizes Click-To-Cancel Rule

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The Federal Trade Commission (FTC) recently finalized and issued a new rule governing negative option features, like subscription or membership agreements with automatic renewal and recurring payment options. The rule,...more

BakerHostetler

Use of AI in Marketing and Digital Media - 2025 Playbook

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Right now, we are all taking stock of the many important issues and challenges we saw crop up for clients last year, trying to predict what they will face in the coming year, and strategizing about how we can help....more

Ballard Spahr LLP

CFPB proposes rule to ban consumer contract terms bureau says limit ‘fundamental freedom’

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The CFPB has published a proposed rule that would ban companies from using contract clauses that the bureau said limit fundamental freedom, including those that waive a consumer’s legal rights and fine print that suppresses...more

Bricker Graydon LLP

Oh My Gourd, Another Data Privacy Law?! 

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In 2018, there were two comprehensive state data privacy bills introduced across the United States and a whopping zero were in effect. Fast forward six years and there have been 41 new data privacy bills considered this year...more

Venable LLP

Data Contract Requirements under New State Data Privacy Laws

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A number of new state privacy laws now govern and mandate certain contractual requirements for collecting, sharing, and processing of personal information. Personal information is generally defined as data that is linked or...more

Poyner Spruill LLP

Mandatory Contractual Provisions Aren’t Just for Business Associate Agreements—New State Privacy Laws May Necessitate a Closer...

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Although all fifty states now have data breach notification statutes on the books, a smaller but growing number of states have adopted substantive data privacy laws.  The recently passed California Privacy Rights Act (CPRA)...more

Carlton Fields

Real Property, Financial Services, & Title Insurance Update: Week Ending January 31, 2020

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Real Property Update - HOA / Contracts: Trial court erred by entering a post-judgment enforcement order requiring the association to assign its riparian rights to plaintiff pursuant to an enforceable settlement agreement,...more

BCLP

What are the Obligations to Business Partners in the Event of a Data Breach?

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As of January 1, 2020, California became the first state to permit residents whose personal information is exposed in a data breach to seek statutory damages between $100-$750 per incident, even in the absence of any actual...more

BCLP

CCPA FAQs: Does the CCPA really require that businesses renegotiate their vendor agreements in the last two weeks of 2018?

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The California Consumer Privacy Act ("CCPA") was enacted in early 2018 as a political compromise to stave off a poorly drafted, and plaintiff’s friendly ballot initiative. Although the CCPA is scheduled to go into force in...more

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