News & Analysis as of

Data Privacy Consent

Husch Blackwell LLP

U.S. Privacy Litigation Update: April 2025

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Keypoint: In this post: (1) The Ninth Circuit holds essentially any website can be sued in California; (2) two courts limit pen registry claims; (3) courts split on whether privacy policies establish consent for wiretapping...more

BakerHostetler

COPPA Is Back in the Saddle: FTC Publishes Final Rule for Children’s Privacy

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Just as we’re getting ready to pick out our cowboy boots and bolo ties for Beyoncé’s Cowboy Carter Tour, the Federal Trade Commission (FTC or Commission) published its long-awaited finalized amendments (Final Rule) to the...more

Benesch

Tracking Technology Trouble: Shah v. Capital One Deepens Legal Risk Under CCPA and CIPA

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In Shah v. Capital One Financial Corporation, the Northern District of California handed down a ruling that may shape the trajectory of litigation involving tracking technologies, online privacy policies, and California’s...more

Blake, Cassels & Graydon LLP

Pratiques exemplaires liées à la vérification numérique de l’identité dans le secteur canadien des services financiers

De nombreuses entreprises de services financiers sont tenues en vertu de lois et de règlements de vérifier l’identité de leurs clients. Il existe des outils technologiques novateurs qui simplifient le processus de...more

Kilpatrick

Arkansas Becomes First State to Enact a COPPA 2.0 Inspired Privacy Law

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On April 7, 2025, Arkansas passed the Arkansas Children and Teens’ Online Privacy Protection Act (HB 1717) - a state law modeled closely after the federal Children and Teens’ Online Privacy Protection Act (widely referred to...more

Alston & Bird

Arkansas Enacts Children and Teens’ Online Privacy Protection Act

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On April 21, 2025, Arkansas Governor Sarah Huckabee Sanders signed into law the Arkansas Children and Teens’ Online Privacy Protection Act (Act), which will become effective on July 1, 2026. It draws inspiration from the...more

Osano

How to Shift Data Privacy Left

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The 1:10:100 rule—coined in 1992 by George Labovitz and Yu Sang Chang, the rule describes how much bad data costs. Preventing the creation of bad data at its source costs $1. Remediating bad data costs $10. Doing nothing...more

Neal, Gerber & Eisenberg LLP

Tips to Reduce Risk of Exposure to UID2 Class Actions

Businesses need to remain vigilant regarding recent developments in consumer-based data privacy class actions. In recent weeks, the plaintiff class action bar has filed several lawsuits against The Trade Desk Inc. related to...more

Robinson+Cole Data Privacy + Security Insider

Video Game Developer’s Website Privacy Policy Disclosure and Cookie Banner Consent Defeat Wiretap Class Action

Video game developer Ubisoft, Inc. came out on top earlier this month in the Northern District of California when a judge dismissed, with prejudice, a class action claiming that the company’s use of third-party website pixels...more

Klein Moynihan Turco LLP

Use of Tracking Tools Requires Notice and Consent!

When browsing the internet, consumers are accustomed to being presented with advertisements for products for which they previously had searched. Through use of third-party tracking tools, companies are able to monitor visitor...more

Baker Donelson

Recent Wiretapping Class Action Dismissal Offers Compliance Lessons

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In late March, an online retailer successfully asserted consent as a complete defense to a putative Pennsylvania Wiretapping and Electronic Surveillance Control Act of 1978 (WESCA) class action lawsuit, resulting in the...more

Cooley LLP

UK Data Privacy Litigation: What’s New?

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In honour of the International Association of Privacy Professionals (IAPP) London 2025 conference , we hosted a webinar on European privacy litigation. This post summarises some of the key UK privacy cases we covered in that...more

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

Hudson Cook, LLP

State AGs Step Up Privacy Enforcement

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With attention on Democratic Attorneys General vowing to fill the void left by weakened federal regulators, and perhaps a more partisan divide on enforcement generally, a bipartisan consensus is quietly emerging in the states...more

Stikeman Elliott LLP

Recent Biometrics Decisions from Québec’s Data Protection Authority: Five Key Takeaways

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Two recent decisions by Québec’s data protection authority, the Commission d’accès à l’information (the “CAI”), should serve as cautionary tales for any business contemplating the deployment of biometric information...more

Hogan Lovells

Connected vehicles: CNIL’s consultation promotes driver’s consent over fraud and car theft

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The French Data Protection Authority launches a public consultation on location data of connected vehicles, until May 20, 2025. This work will shape future regulations regarding the use of location data and its impact on...more

Constangy, Brooks, Smith & Prophete, LLP

CIPA Lawsuits: New York court comes to defense of website operators

The California Invasion of Privacy Act continues to be a focal point for privacy litigation, particularly concerning website tracking practices. A recent case, Gabrielli v. Insider Inc. sheds new light on whether collecting...more

Wyrick Robbins Yates & Ponton LLP

5 Reasons Virginia’s New Reproductive and Sexual Health Privacy Law is a BFD for Business (Spoiler: There’s a Private Right of...

In a development that seems to have flown mostly under the radar this week, Virginia’s governor signed on Monday SB754, a bill passed by the state’s General Assembly that amends the state’s Consumer Protection Act to strictly...more

Klein Moynihan Turco LLP

Pennsylvania Wiretap Claim Dismissed

An oft-discussed topic on this blog is the rise in lawsuits asserting illegal wiretapping claims against companies that use technology on their websites to track consumer interactions. Recently, a Pennsylvania federal judge...more

White & Case LLP

Arkansas Attorney General Sues General Motors Over Alleged Deceptive Data Practices

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On February 26, 2025, Arkansas Attorney General Tim Griffin filed a lawsuit against General Motors and its subsidiary OnStar (collectively, "GM"), alleging deceptive business practices related to the collection and sale of...more

Sunstein LLP

Web Trackers May Violate Privacy Statutes That Predate the Internet

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Three recent federal court cases consider whether the use of third party trackers embedded in websites can be the basis of class action lawsuits alleging violations of statutes enacted before the internet existed. These...more

Parker Poe Adams & Bernstein LLP

Business to Pay $630,000 Fine for Violation Claims Caused by Cookie Management Tool

A major vehicle automaker will have to change its business practices and pay a hefty fine to resolve claims that the company violated the California Consumer Privacy Act (CCPA), according to the state regulatory authority...more

Kramer Levin Naftalis & Frankel LLP

Privacy Regulators Target the Location Data Industry

On March 10, 2025, California Attorney General Rob Bonta (AG) announced an “ongoing investigative sweep” into the use of consumer location data by mobile app providers, advertising networks and data brokers. The AG sent...more

Hogan Lovells

Mexico's new Federal Data Protection Law: What it means for companies

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On March 20, 2025, the new Federal Law for the Protection of Personal Data held by Private Parties (LFPDPPP of 2025) was published in the Official Gazette of the Federation. The LFPDPPP of 2025 entered into force on March 21,...more

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

Québec’s Restrictive Approach to Biometric Data Poses Challenges for Businesses Working on Security Projects

The recent decision by the Commission d’accès à l’information du Québec (CAI) regarding a popular grocer’s biometric data project in Quebec has far-reaching implications for other businesses considering or currently using...more

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