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Fisher Phillips

California Court Rejects Attempt to Expand Third-Party Eavesdropping Claims to Internet Communications: How Your Business Can...

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Businesses just received some good news when a federal court dismissed a California Invasion of Privacy Act (CIPA) claim that aimed to expand the reach of the state’s wiretapping law to cover internet communications. The...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

Fisher Phillips

Businesses Get Big Privacy Win in Tester Plaintiffs’ Wiretapping Case: 3 Key Takeaways

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In a big win for businesses, a California federal court just held that a “tester” plaintiff – someone who visits websites for purposes of initiating litigation – cannot bring a claim under the California Invasion of Privacy...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

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

Fisher Phillips

California’s Latest Privacy Push: The Location Tracking Crackdown Businesses Can’t Ignore

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Businesses operating in California that rely on location tracking – whether for fleet management, employee monitoring, logistics, or marketing – should pay close attention to a bill that would dramatically alter the legal...more

Robinson+Cole Data Privacy + Security Insider

Is Your Business Trapped? The Rise of “Trap and Trace” Litigation

Almost every business has a website; every website should have a privacy policy, terms of use, and, in some cases, a consumer privacy rights notice—if certain state consumer privacy rights laws apply to your business, such as...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

Lathrop GPM

AI & Privacy Laws are Changing Fast - Are Your Websites, Mobile Apps and Contracts Keeping Up?

Lathrop GPM on

The new year serves as a reminder that – at least annually – businesses of all sizes should review their websites, applications and other data-related resources to ensure that they are up to date. Scheduling a regular cadence...more

Husch Blackwell LLP

U.S. Privacy Litigation Update: Holiday Edition (October, November, & December 2024)

Husch Blackwell LLP on

Welcome to the nineteenth installment in our monthly data privacy litigation report. We prepare these reports to provide updates on how courts in the United States have handled emerging data privacy trends. We are covering...more

Burr & Forman

Is Your Business’s Privacy Policy a Bull's Eye?

Burr & Forman on

We work with many US-based businesses that ask us to update their privacy policies to make sure they comply with current data protection laws that apply to them. These businesses are usually referring to their website privacy...more

Fisher Phillips

Do Dark Patterns Lurk on Your Website? 4 Steps Businesses Should Take as Regulators Focus on How Privacy Rights Are Presented on...

Fisher Phillips on

Businesses with a website beware: California regulators just warned that the law prohibits your website from making website users jump through hoops or otherwise confusing them as they try to exercise their privacy rights,...more

Adler Pollock & Sheehan P.C.

New York’s New Website Privacy Controls: What Your Business Needs to Know

In a significant move to enhance consumer privacy and promote transparency in digital practices, the New York State Attorney General recently published two critical guides: “Website Privacy Controls: A Guide for Business” and...more

Wilson Sonsini Goodrich & Rosati

New York Legislature Passes a Pair of Bills to Protect Children's Privacy Online

On June 7, 2023, the New York legislature passed the Stop Addictive Feeds Exploitation (SAFE) for Kids Act (SAFE Act or the Act) and the New York Child Data Protection Act (CDPA), both aimed at protecting children online. The...more

Gardner Law

[Ongoing Program] SESSION 3: Privacy Policy Pop Quiz – Are You Ready? - August 8th, 1:00 pm - 1:45 pm CT

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Are you responsible for privacy compliance at your company? Sharpen your pencils and grab your highlighters for this three-part series on critical privacy laws, DPOs and privacy officers (and when you should appoint one), and...more

Gardner Law

[Ongoing Program] SESSION 2: Do I Really Need A Privacy Officer, DPO or CISO? - July 18th, 1:00 pm - 1:45 pm CT

Gardner Law on

Are you responsible for privacy compliance at your company? Sharpen your pencils and grab your highlighters for this three-part series on critical privacy laws, DPOs and privacy officers (and when you should appoint one), and...more

Gardner Law

[Ongoing Program] SESSION 1: 10 Things You Should Know About Privacy, Consent, and HIPAA - June 13th, 1:00 pm - 1:45 pm CT

Gardner Law on

Are you responsible for privacy compliance at your company? Sharpen your pencils and grab your highlighters for this three-part series on critical privacy laws, DPOs and privacy officers (and when you should appoint one), and...more

Wilson Sonsini Goodrich & Rosati

Maryland Passes Age-Appropriate Design Code

On May 9, 2024, Maryland Governor Wes Moore signed HB 603, the Maryland Age-Appropriate Design Code (Maryland AADC). The Maryland AADC builds on Maryland’s Online Data Privacy Act, which was signed into law the same day and...more

Husch Blackwell LLP

U.S. Privacy Litigation Update: April 2024

Husch Blackwell LLP on

Keypoint: The Central District of California issues a major victory for website owners facing CIPA-arbitration demands, two decisions address whether a plaintiff consented as a defense to wiretapping claims, three courts in...more

Wyrick Robbins Yates & Ponton LLP

No Money, Mo’ Problems: DoorDash CCPA Enforcement Action Emphasizes Personal Information “Sales” Aren’t All About the Benjamins

The California Attorney General (“AG”) recently delivered (pun very much intended) a public CCPA enforcement action against DoorDash, its second following the 2022 settlement with Sephora. The DoorDash action stems from a...more

Kilpatrick

California Online Tracking Lawsuits Shift Away from Wiretap Theory Toward Pen Register Theory

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Class-action lawyers are adapting their legal tactics, moving away from suing companies under California's wiretap law and instead focusing on a new legal claim: the pen register theory....more

Quarles & Brady LLP

Privacy Priorities for 2024 (and Beyond)

Quarles & Brady LLP on

The upcoming year will continue to hold challenges for data privacy programs. The Quarles Privacy Week 2024 programming from this week has provided an overview of the upcoming issues and challenges that are on the horizon....more

WilmerHale

Year in Review: 2023 Web Tracking Litigation and Enforcement

WilmerHale on

This post is part of a series of articles we are doing on 2023 data protection litigation trends. 2023 saw a rise in class action litigation related to internet tracking technology employed by companies to enhance user...more

Wilson Sonsini Goodrich & Rosati

FTC Proposes Significant Changes to COPPA Rule

On December 20, 2023, the Federal Trade Commission (FTC) announced proposed changes to the Children’s Online Privacy Protection Rule (COPPA Rule) that would place significant new restrictions on companies that collect...more

BakerHostetler

Privacy Litigation Trends: Meta Pixels, Cookie Opt-Out, and Sale of Data

BakerHostetler on

This breakout series will discuss the latest U.S. privacy compliance programs, and how trends such as sale opt-out and cookie banners are part of the “data revolution”. The series will also cover the intersection of...more

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