News & Analysis as of

Data Privacy Data Collection Retailers

Fisher Phillips

Federal Judge Denies CIPA Lawsuit’s Class Certification: 5 Key Takeaways for Businesses

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In a significant decision for privacy class action litigation, a federal judge in California recently denied the certification of a proposed class action involving claims under the state’s invasion of privacy law. The May 29...more

Perkins Coie

Class Action Lawsuit Over Marketing Email Tracking Pixels Dismissed by Federal Court

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Key Takeaways - - At least four courts have now held that retailers using email for marketing are not considered “communication service providers” and therefore are not subject to TUCSRA. - At least five courts have now held...more

Womble Bond Dickinson

[Webinar] Innovation Interchange Summit: The Power Of Cross-Industry Insight - May 16th, 11:00 am - 4:00 pm ET

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Powerful ideas emerge when you look at something through a completely different lens. And when two parties come together to share those unique perspectives? That’s when the magic happens. Womble Bond Dickinson’s virtual...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

Hogan Lovells

2023 Annual Retail and Fashion Holiday Guide

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Amidst the hustle and bustle of holiday shopping, retailers are continuing to herald digital mediums to spread holiday cheer to shoppers worldwide. The Hogan Lovells Retail and Fashion team is delighted to bring you our...more

DarrowEverett LLP

The FTC is Turning the Lights On: Dark Patterns Aren't in the Shadows Anymore

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The continued growth and dominance of e-commerce has ushered in a new frontier for businesses. In response to the progressive evolution from brick-and-mortar marketplaces to the current e-commerce dominant landscape,...more

DarrowEverett LLP

Apply Foundation To Your Privacy Policy Before You Become The Next Sephora

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On August 24, 2022, the California Attorney General released a statement regarding a settlement agreement that the State of California reached with Sephora, Inc. (“Sephora”), the international consumer product retailer...more

Robinson+Cole Data Privacy + Security Insider

Sephora Settles with California AG for CCPA Violations over Sale of Data

In the first of its kind under the California Consumer Privacy Act (CCPA), Sephora settled an enforcement action with the California Attorney General for violation of the CCPA. Sephora must pay $1.2 million in penalties and...more

Mintz - Privacy & Cybersecurity Viewpoints

UPDATE: NYC Dept of Consumer Affairs Publishes Sample Biometric Signage

As we’ve written here and here, New York City’s Biometric Identifier Information Law (the “NYC Law”) is now in force, effective Friday, July 9th. The NYC Law requires that places of entertainment, retail stores and food and...more

Akin Gump Strauss Hauer & Feld LLP

Podcast: Retail Industry Outlook: Risks and Rewards

In this episode, partners and Akin Gump retail initiative co-leaders Gregory Knopp and Meredith Slawe discuss the retail sector, its promises and its pitfalls. Among the topics covered: • technological innovation in retail ...more

Akin Gump Strauss Hauer & Feld LLP

Shoptalk 2019 - The Transformation of Retail on Full Display

“I sleep like a baby . . . I wake up every two hours crying.” - Jim Donald, President & CEO of Albertsons when interviewed at Shoptalk about how he deals with the pace of certain competitors. “The industry is in such a sea...more

BCLP

Passing Data Between Retailers To Facilitate Transactions

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Online retailers often learn information about a consumer that may be used by them to help identify other products, services, or companies that may be of interest to the consumer. For example, if a person purchases an...more

Robins Kaplan LLP

Facial Recognition Technology – Advanced Technological Solutions to Customer Service

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Brick-and-mortar retailers are on a constant quest to compete with ever-growing e-commerce outlets. Some strategies for engaging consumers are unconventional, but others seem like downright science fiction....more

Robinson+Cole Data Privacy + Security Insider

Consumers Mixed on Retailers’ Use of Facial Recognition Technology

Many consumers are unaware that retailers use facial recognition technology in retail stores to monitor shoppers and prevent shoplifting. Consumers see cameras in retail stores and assume it is to monitor for shoplifting and...more

Wilson Sonsini Goodrich & Rosati

FTC Grants Sears’ Petition to Reopen and Modify 2009 Order Concerning Online Browsing Tracking

The Federal Trade Commission (FTC) recently granted a petition by Sears Holding Management requesting that the FTC reopen and modify a 2009 FTC order settling charges that Sears failed to disclose adequately the scope of...more

Hogan Lovells

Hogan Lovells Represents Sears in Achieving First-Ever Modification to FTC Privacy Consent Order

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The FTC has approved the first-ever petition to reopen and modify a privacy-related consent order. The petition, filed by Sears Holdings Management Corporation, sought to amend the terms of Sears’ 2009 consent order (the...more

Mintz - Privacy & Cybersecurity Viewpoints

Retailers: Review Those Checkout Practices – Again

If you are a retailer with locations in New Jersey, you will need to review your procedures in anticipation of a new law effective October 1, 2017....more

BCLP

Passing Data Between Retailers To Facilitate Transactions: A How-To Guide

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Online retailers often learn information about a consumer that may be used by them to help identify other products, services, or companies that may be of interest to the consumer. For example, if a person purchases an...more

Proskauer - New Media & Technology

A Host of Biometric Privacy/Facial Recognition Bills Currently Circulating in State Legislatures

We’ve written extensively about the numerous lawsuits, dismissals and settlements surrounding the Illinois Biometric Information Privacy Act (BIPA). The statute, generally speaking, prohibits an entity from collecting,...more

Robins Kaplan LLP

“But I Only Wore It Once!”: The Rising Cost of Return Fraud

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Your customers may be thinking, "What’s the harm in wearing something once and returning it?" But return fraud can have a big impact on a retailer's bottom line. The National Retail Federation estimates that return fraud will...more

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