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Data Collection Prior Express Consent

Robinson+Cole Data Privacy + Security Insider

Skin360 App Can’t Escape Scrutiny under Illinois Biometric Law

A federal district court has denied a motion by Johnson & Johnson Consumer Inc. (JJCI) to dismiss a second amended complaint alleging it violated the Illinois Biometric Information Privacy Act (BIPA) by collecting and storing...more

Ballard Spahr LLP

California Proposes CCPA Update on Location Data Rules

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On February 21, 2025, representatives in the California legislature introduced California Assembly Bill 1355, also known as the California Location Privacy Act (“AB 1355”).  AB 1355 seeks to amend the California Consumer...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

Quarles & Brady LLP

Takeaways from First Washington My Health My Data Act Complaint

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It took some time, but we officially have the first complaint filed alleging violations of the Washington My Health, My Data Act (“MHMDA”). The complaint, filed February 10 in the U.S. District Court Western District of...more

Holland & Knight LLP

Texas Case Offers Lessons Learned from Data Requests and Criminal Causes of Action

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In Angelyn A. Olson et al. v. The Consilio LLC, et al. filed in Tarrant County, Texas, plaintiff Angelyn Olson alleged that she was involved in other litigation during which an e-discovery service provider (Consilio) was...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Employer Alert: Texas Reaches $1.4B Settlement Over Allegations of Violation of Biometric Information Privacy Law

The landmark $1.4 billion settlement reached by the state of Texas and a social media company to settle allegations that the company’s platform unlawfully scanned the faces of millions of users in Texas serves as a warning to...more

ArentFox Schiff

FTC Makes Statement on Connected Vehicle Data as Major Automaker Faces Class Action for Data Sharing Practices

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Connected cars have been on the FTC’s radar for years. Its most recent blog post specifically highlights the Commission’s concerns regarding over collecting-- and the risk of secondary uses-- of sensitive data, such as...more

Skadden, Arps, Slate, Meagher & Flom LLP

AI Insights: Recent Developments That Could Impact How Companies Offer AI-Based Customer Service Chatbots

Two recent developments highlight the challenges companies may face as they explore ways to incorporate AI-based chatbots into their customer service offerings: - A putative class action filed in California federal...more

Hinch Newman LLP

FTC Order Will Ban U.K.-Based Software Provider from Selling Browsing Data for Ad Purposes and Require It to Pay $16.5MM Over...

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On February 24, 2024, the Federal Trade Commission announced that it will require software provider Avast to pay $16.5MM and prohibit the company from selling or licensing any web browsing data for advertising purposes to...more

Dorsey & Whitney LLP

Looking Down the Road: Data Privacy Priorities in 2024

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2023 brought a surge of data privacy developments, with a large expansion of state comprehensive privacy laws, litigation of new claims based on older laws (e.g. wiretapping and VPPA cases), increased scrutiny on data...more

Benesch

New Strain of Web Tracking Suits Pose Risks For Retailers

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In the latest example of privacy laws being stretched to fit new digital technologies, plaintiffs have begun to file a flurry of suits alleging that retailers are using pen register and trap-and-trace software to illegally...more

Troutman Pepper Locke

Consent Has Never Been More ‎Important: Take-Aways From the FTC Settlement Relating to ‎‎Tracking Technologies

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Litigation over tracking tools, such as cookies and pixels, has become commonplace over the past few years. In general, plaintiffs’ claims revolve around the collection and sharing of data through session replay and/or...more

DarrowEverett LLP

You Better Watch Out, You Better Not Cry: Big Changes Expected to Hit Lead Generation Industry in 2024

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Whether you have been naughty or nice this year, if you are buying or selling leads or otherwise are a participant in the lead generation industry, you may be getting a lump of coal in your stocking. Don’t get upset just yet...more

Quarles & Brady LLP

Diving into the Washington My Health My Data Act - Part Five: Consent and Authorization Requirements

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Oh say, can you see, Part 5 in our Washington My Health My Data Act series? This is the fifth installment in our series on the Washington My Health My Data Act (“WMHMDA”)....more

WilmerHale

Nevada Legislature Passes Consumer Health Data Privacy Bill

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On June 5, the Nevada state legislature passed an amended version of Senate Bill 370 (“SB 370”), a bill imposing new requirements on the collection, use, and sale of consumer health data. The bill has been delivered to...more

Benesch

Privacy Points 2023: Different Sensitive Personal Information Rights & Requirements Emerge in New US State Data Protection Laws

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Colorado Connecticut, and Virginia landed on requiring opt-in, prior consent before a business can collect sensitive personal information; while California and Utah landed on different forms of opt-out rights that allow...more

Nelson Mullins Riley & Scarborough LLP

Obtaining Consent for Privacy Practices

By now, most businesses are aware of the growing requirements to provide notice to consumers regarding how a business uses and discloses personal information. In addition to existing regulations, five new privacy laws will go...more

Bradley Arant Boult Cummings LLP

Pet Stairs, Wiretapping, and Cookies: Implications of the Third Circuit’s Popa Opinion

The case of Popa v. Harriet Carter Gifts, Inc. “began with a quest for pet stairs.” Plaintiff Ashley Popa searched Harriet Carter Gifts’ website, added pet stairs to her cart, but never completed the purchase. During her...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

DashCam Developer Insulated From BIPA Liability

On November 3, 2022, an Illinois circuit court judge dismissed a Biometric Information Privacy Act (Privacy Act or BIPA) putative class action against Samsara, Inc., a DashCam developer. DashCam is a safety technology for...more

Hinch Newman LLP

Lead Generation Compliance Attorney on How Use of Technologies to Track Web Session Data May Violate Law

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Attention Lead Generators. The Ninth Circuit Court of Appeals recently held that use of certain technologies on a websites in order to track and record web session data before obtaining affirmative consent may be a...more

BCLP

Comparison of the CCPA & CPRA with Pending 2021 Comprehensive Federal Privacy Legislation - S. 1494

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In the last year, we continued to see a shift in the privacy landscape of the United States, including the passage of comprehensive privacy legislation in both Virginia and Colorado, while other states still have bills under...more

Womble Bond Dickinson

Recreational DNA Industry May Take Liberties With Consumer Data

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Companies collecting consumer DNA for non-medical purposes seem to be playing fast and loose with their customers’ data, according to a well-regarded consumer watchdog. This category of private money makers, which could...more

Barnea Jaffa Lande & Co.

China’s New Privacy Protection Law

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On November 1, 2021, the new Chinese Personal Information Protection Law (PIPL) will come into effect. This law is modeled after the well-known European General Data Protection Regulation (GDPR). Like the GDPR, the PIPL will...more

Robinson+Cole Data Privacy + Security Insider

Biometric Privacy Class Action Against DAL Global Service will Proceed

DAL Global Services LLC , an aviation ground handling service provider, was hit with a proposed biometric privacy class action in April of this year in the U.S. District Court for the Northern District of Illinois. ...more

Fox Rothschild LLP

Top 3 Compliance Issues to Consider When Implementing Cannabis Loyalty Programs

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In the age of information, data is king. Keeping that point in mind, cannabis companies are flocking to build defensible market positions through cannabis loyalty programs. Cannabis loyalty programs are becoming more popular...more

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