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Data Collection Third-Party Service Provider

Faegre Drinker Biddle & Reath LLP

California SB 354: A New Era in Insurance Consumer Privacy

The past few years have seen a surge of activities from states with respect to the introduction and adoption of consumer privacy bills. These bills vary from state to state, but generally include requirements around data...more

K&L Gates LLP

CPPA Announces Enforcement Action Against Automaker

K&L Gates LLP on

On 12 March 2025, the California Privacy Protection Agency (CPPA) settled with an automaker that allegedly violated various aspects of the California Consumer Privacy Act (CCPA). This first-of-its-kind settlement for the...more

Benesch

Scientific American Unable to Kick VPPA Class Action

Benesch on

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

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

Location Data as Health Data? Precedent-Setting Lawsuit Brought Against Retailer Under Washington My Health My Data Act

An online retailer was recently hit with the first class action under Washington’s consumer health data privacy law alleging that it used advertising software attached to certain third-party mobile phone apps to unlawfully...more

WilmerHale

2024 Year in Review: Video Privacy Protection Act Litigation Trends

WilmerHale on

The Video Privacy Protection Act (“VPPA”), a federal statute enacted in 1988, is gaining new relevance in recent years as plaintiffs bring lawsuits with the goal of enforcing online privacy rights. 2024 saw a continuation of...more

Parker Poe Adams & Bernstein LLP

Will Your Business's Marketing Tools Subject You to Third-Party Data Sharing Litigation?

It is challenging for businesses to maintain their competitive marketing edge while simultaneously reacting to ever-changing regulations on consumer data collection, usage, and sharing....more

Bricker Graydon LLP

Oh My Gourd, Another Data Privacy Law?! 

Bricker Graydon LLP on

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

BakerHostetler

DSIR Deeper Dive: Tracking the Crackdown on Tracking/Pixel Technologies: Web Litigation and Regulatory Landscape - Part 2

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In the first part of this blog post, we looked into the OCR and FTC’s focus on third-party tracking technologies. We also reviewed the AHA Lawsuit and its impact for the use of tracking technologies. In this blog post, we...more

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

CFPB Issues Guidance With Aggressive Interpretation of FCRA Applicability to Employee Monitoring and Screening Tools

The Consumer Financial Protection Bureau (CFPB) recently issued guidance that takes an aggressive position regarding the scope of the Fair Credit Reporting Act (FCRA) as covering certain employee monitoring and assessment...more

Cozen O'Connor

NYDFS Issues Guidance on Cybersecurity Risks Arising from Artificial Intelligence

Cozen O'Connor on

On October 16, 2024, the New York Department of Financial Services (NYDFS) issued an Industry Letter that discusses the cybersecurity risks associated with the use of artificial intelligence (AI) and outlines strategies to...more

WilmerHale

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

WilmerHale on

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

Walkers

Personal Information Protection Act deep dive

Walkers on

The Personal Information Protection Act ("PIPA") comes into full force on 1 January 2025. All organisations in Bermuda are expected to be in compliance with it by that date – time is running out! The Privacy Commissioner...more

Segal McCambridge

The Illinois State Legislature Set to Take up BIPA Reform

Segal McCambridge on

Recently, the Illinois General Assembly have restarted efforts to amend the Biometric Information Privacy Act of 2008 (“the Act”). On January 31, 2024, Senator Bill Cunningham introduced S.B. 2979 ostensibly to answer the...more

Association of Certified E-Discovery...

How Delaying Third Party Discovery Can End Up Costing You Dearly

[Editor’s Note: This article has been republished with permission. It was originally published January 18, 2024 on the eDiscovery Assistant Blog] In Episode 129 of Case of the Week, Kelly Twigger of eDiscovery Assistant...more

Benesch

Privacy Floodgates Open: 13 U.S. State Data Protection Bring About Major Changes

Benesch on

Global Privacy Controls, vendor management, sensitive personal information, and the use of Ad Tech; new U.S. state data protection laws introduce twists to traditional notions of American data protection law. In the U.S.,...more

BCLP

Understanding the Data Governance Act: Key Aspects and Challenges

BCLP on

A few weeks ago, on 24 September 2023, the Data Governance Act (Regulation (EU) 2022/868 of the European Parliament and of the Council of 30 May 2022 on European data governance) (“DGA”) came into force.  The DGA aims to...more

Eversheds Sutherland (US) LLP

CFPB previews consumer data portability rule meant to accelerate US open banking adoption

On October 19, 2023, the Consumer Financial Protection Bureau (CFPB) issued an advance notice of proposed rulemaking (ANPR) with respect to a new consumer financial data portability rule mandated by Section 1033 of the...more

Nutter McClennen & Fish LLP

BJ’s Wholesale Club Loses Bid to Dismiss Complaint Alleging Massachusetts State Law Claims for Wiretap Violations and Invasion of...

Joe Alves filed a class-action complaint against BJ’s Wholesale Club, alleging that BJ’s uses computer code, called Session Replay Code (SRC), to secretly record consumer activity on BJ’s website. Alves claims that BJ’s...more

Segal McCambridge

District Court Confirms That Damages Are Discretionary Under Illinois’ Biometric Statute

Segal McCambridge on

On June 30, 2023 the Northern District of Illinois vacated the $228 million damages award previously entered in the first jury trial arising under Illinois’ Biometric Information Privacy Act (BIPA), and ordered a new jury...more

Sheppard Mullin Richter & Hampton LLP

The Comprehensive Privacy Law Deluge: Updating Vendor Contracts

Of the many worries on privacy compliance teams’ lists as we face the onslaught of state “general” privacy laws are the impacts they have on vendor contracts. Fortunately for those who have already had to deal with contracts...more

Polsinelli

Will a New Wave of Lawsuits Roll Into a Nationwide Tsunami? Wiretapping Litigation for Website Analytics

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2022 has seen a new wave of class action lawsuits targeting companies that use technology to track consumers’ interfaces on their websites. These lawsuits generally allege that the use of technologies such as session replay...more

BCLP

Precise Geolocation: Recent Trends and Enforcement

BCLP on

“Precise Geolocation” has become a hot button issue in the privacy world with recent data privacy laws seeking to regulate the collection and processing of such information, including in California and Virginia. The...more

Dorsey & Whitney LLP

Tracking Online User Activity: HIPAA and Other Legal Risks

Dorsey & Whitney LLP on

The use of tracking technologies on websites and mobile applications (e.g., cookies) has become largely ubiquitous in our technology-driven world. Health care providers and organizations, for example, may use tracking...more

Benesch

Privacy Points 2023: New State Laws Introduce New Audit and Internal Review Requirements for Personal Information Collection and...

Benesch on

Some states will affirmatively require annual audits of a business’s data collection and processing practices and—in some cases—to submit those audits to state regulators. With new US state data protection laws taking...more

Nextpoint, Inc.

Managing Ediscovery In The Cloud: Essential Questions to Ask Potential Providers

Nextpoint, Inc. on

As we explained in our last post, managing ediscovery in the cloud is the only viable solution for dealing with the massive amount of electronic data involved in litigation today. Nextpoint has been an advocate for...more

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