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Data Collection Constitutional Challenges

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

Pierce Atwood LLP

Massachusetts Court Denies Certification of Privacy Class Action for Failure to Meet Ascertainability Requirement

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On February 14, 2025, in Therrien v. Hearst Television, Inc., the District of Massachusetts denied a motion for class certification due to the plaintiff’s failure to meet the implied ascertainability requirement of Rule 23....more

ArentFox Schiff

Digital Borders: The Power of Immigration Officials’ Authority to Search Your Devices

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US Customs and Border Protection (CBP) has the authority to search electronic devices — including phones, laptops, tablets, and other electronic devices — of anyone entering the United States, including US citizens and...more

Redgrave LLP

Youth Online Privacy in 2024 and Beyond

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As we look back at 2024 and what the new year might bring in the data privacy space, one particular aspect stands out as a focus: youth online privacy and safety. ...more

Snell & Wilmer

Supreme Court Upholds Law Restricting TikTok’s Operations in the U.S.

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On January 17, 2025, the Supreme Court issued its decision in TikTok Inc. v. Garland, affirming the constitutionality of the Protecting Americans from Foreign Adversary Controlled Applications Act (the Act), which restricts...more

Venable LLP

Online Applications Are Tracking Your Location, and the Government Wants That Information. Is That Lawful?

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When you use your cellphone to search for businesses near you, you may opt into data collection about your location with an accuracy of within a few hundred feet. Often, unless you affirmatively opt out later, that data...more

Cranfill Sumner LLP

Why the Supreme Court Tolerated the TikTok Ban (And What That May Teach Us About Deference)

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Today the Supreme Court of the United States declined to block Congress’s TikTok ban, clearing the way for the ban to take effect on January 19, 2025. On a quick look, banning an online forum where millions of Americans...more

Troutman Pepper Locke

Texas Federal District Court Rejects All Administrative Procedure Act Challenges to CFPB’s Section 1071 Final Rule

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Monday, the U.S. District Court for the Southern District of Texas granted the Consumer Financial Protection Bureau’s (CFPB or Bureau) motion for summary judgment on all Administrative Procedure Act (APA) challenges brought...more

Stinson LLP

CFPB Announces Extensions to Section 1071 Compliance Deadlines

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On May 17, 2024, the Consumer Financial Protection Bureau (CFPB) announced its intention to extend the deadlines for compliance with Section 1071 of the Dodd-Frank Act (Section 1071) requiring data collection and reporting...more

Robinson+Cole Data Privacy + Security Insider

Privacy Tip #397 – TikTok and ByteDance File Suit Against the United States

As threatened, TikTok, Inc. and ByteDance, Ltd., the owner of the TikTok app, filed suit against the United States on May 7, 2024, alleging that the Protecting Americans From Foreign Adversary Controlled Applications Act...more

Ballard Spahr LLP

CFPB Files Cross-Motion for Summary Judgment in Texas Small Business Lending Rule Lawsuit

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The CFPB (or “Bureau”) filed a cross-motion for summary judgment in the lawsuit regarding the small business lending data collection and reporting rule, also known as the 1071 rule based on the Dodd-Frank section that...more

Ballard Spahr LLP

Plaintiffs and intervenors file summary judgment motion in Texas lawsuit challenging CFPB small business data collection rule

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The plaintiffs and intervenors in the lawsuit filed in a Texas federal district court challenging the CFPB’s final small business lending rule implementing Section 1071 of Dodd-Frank (Rule) have filed a consolidated motion...more

Ballard Spahr LLP

Trade group for providers of commercial sales-based financing files lawsuit challenging CFPB final small business lending rule

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Revenue Based Finance Coalition (RBFC), a trade group whose members include non-banks that provide sales-based financing to businesses, filed a lawsuit last week against the CFPB in a Florida federal district court...more

Troutman Pepper Locke

Update: Congress Passes Resolutions to Override CFPB’s Section 1071 Final Rule, Biden Vows to Veto

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As discussed here, this summer, Representative Roger Williams (R-Texas) and Senator John Kennedy (R-La.) introduced identical Congressional Review Act (CRA) resolutions in the U.S. House and Senate (H.J. Res. 66 and S. J....more

Troutman Pepper Locke

Texas Bankers Challenge CFPB’s Section 1071 Rule

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On April 26, the Texas Bankers Association and Rio Bank, McAllen, Texas filed a complaint in the U.S. District Court for the Southern District of Texas challenging the Consumer Financial Protection Bureau’s (CFPB or Bureau)...more

WilmerHale

Weekly COVID-19 Oversight & Enforcement Report - May 2021

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The Congressional Oversight Commission released its 12th report on April 30. The report focuses on a $700 million loan to trucking company Yellow Corporation (formerly known as YRC Worldwide) under the CARES Act loan program...more

Skadden, Arps, Slate, Meagher & Flom LLP

Privacy & Cybersecurity Update - September 2020

In this month's edition, we examine the Swiss data protection authority's comments on the validity of its data-sharing framework with the U.S., as well as the European Data Protection Board's guidance on joint controllers and...more

Robins Kaplan LLP

Financial Daily Dose 8.24.2020 | Top Story: TikTok Confirms Plans to Sue U.S. over Recent Executive Orders Targeting App

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More on TikTok’s plans to sue the U.S. over the White House’s recent executive orders seeking to block the app on American soil and force its owner, ByteDance, to sell its American assets. The company intends to argue that...more

Payne & Fears

Supreme Court Makes More Robocalls Illegal and Will Determine What Is a Robocall Soon

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Since 1991 the Telephone Consumer Protection Act, or TCPA, has regulated robocalls, which are loosely defined as calls or texts using automatic telephone dialing systems (a/k/a an “autodialer”). In 2015, Congress excluded...more

Hinshaw & Culbertson - Consumer Crossroads

SCOTUS Decides Federal Debt is not Exempted from TCPA, While FCC Autodialer Declaration Further Alters TCPA Landscape

With a major U.S. Supreme Court decision leading the way, recent developments continue to reshape the landscape of the Telephone Consumer Protection Act (TCPA)....more

Mitratech Holdings, Inc

10 Privacy Predictions for 2020

In the last two years, businesses have been catapulted into a dizzying new world, with privacy expectations and requirements that were unheard of just two years ago. ...more

McDermott Will & Emery

Though CCPA Is Now Live, Questions Concerning Its Constitutionality Linger

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As businesses have scrambled to obtain compliance with the California Consumer Privacy Act (CCPA) in recent months, questions surrounding its constitutionality have arisen. As a broad, sometimes unclear state law that imposes...more

Kelley Drye & Warren LLP

Potential Constitutional Challenges to the CCPA

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When it takes effect next month, the CCPA is almost certain to become an immediate spark for litigation. While requests for access/deletion and individual or threatened claims start to fill in-house legal departments’...more

Eversheds Sutherland (US) LLP

Passing the eye test - Defense strategies and the Biometric Information Privacy Act

As the use of biometric data continues to grow and become more prevalent across industries of all types and sizes, complying with data security and privacy laws has never been more critical or challenging. This is...more

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