News & Analysis as of

Data Privacy Unfair or Deceptive Trade Practices Privacy Laws

Hudson Cook, LLP

State Watch: Consumer Protection Enforcement Update

Hudson Cook, LLP on

While uncertainty continued to loom over the CFPB, the states did not take a spring break. Instead, we saw an eye-popping settlement from NY DFS involving BSA/AML claims. And both republican and democratic AGs continued to...more

Troutman Pepper Locke

Looking Back at 2024's Noteworthy State AG Litigation

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State attorneys general across the U.S. took bold steps in 2024 to address unlawful activities by corporations in several areas, including privacy and data security, financial transparency, children’s internet safety, and...more

Hinch Newman LLP

The State of the FTC’s Consumer Protection Agenda Under President Trump

Hinch Newman LLP on

As contemplated in December 2024, the Federal Trade Commission’s operations during the first two months under the second Trump Administration have been chaotic. Unsurprisingly, the policy focus appears to be de-regulation...more

Proskauer on Privacy

My Health, My Dollar: Amazon’s Health Data Troubles in Washington

Proskauer on Privacy on

Amazon faces allegations of unauthorized data collection in violation of federal and state privacy laws, including a first-of-its-kind claim under Washington’s My Health My Data Act (“MHMDA”). The MHMDA restricts businesses...more

Alston & Bird

New York AG Announces $650,000 Settlement with Social Media App Developer for Students’ Privacy and Safety Concerns

Alston & Bird on

On March 7, 2025, the Office of the New York State Attorney General (NY AG) published an Assurance of Discontinuance (Assurance) settling claims against Saturn Technologies, Inc. (company), a developer of a social media app...more

WilmerHale

Year in Review: 2024 Generative AI Litigation Trends

WilmerHale on

Generative AI continued to be a hot topic for privacy-related litigation in 2024. In the US, companies using and deploying this technology saw themselves subject to lawsuits under various state and federal theories of...more

Cozen O'Connor

Arkansas AG Latest to Put Brakes on Allegedly Unauthorized Collection and Sale of Driver Data

Cozen O'Connor on

Arkansas AG Tim Griffin sued General Motors LLC and its subsidiary OnStar LLC (collectively, “GM”) over allegations that GM misled vehicle purchasers into enrolling in programs that collected and shared their driving data...more

Klein Moynihan Turco LLP

Refer a Friend Promotions? Get Consent!

On February 25, 2025, the United States District Court for the Western District of Washington issued a cautionary decision for all businesses that employ “Refer a Friend” promotions. In Jensen v. Capital One Financial Corp.,...more

Kilpatrick

Data breach class actions – Northern District of Georgia dismisses four substantive claims, but two survive

Kilpatrick on

Takeaway: Former FBI Director Robert Mueller once famously said, “There are only two types of companies: those that have been hacked and those that will be.” These days cyberattacks seem to happen all the time. And when a...more

Cozen O'Connor

Unpacking Dark Patterns

Cozen O'Connor on

“Dark patterns” have increasingly been the focus of legislative and regulatory scrutiny. Yet the phrase is never used in business. No business designs a website, mobile app, or business process with the instruction, “let’s...more

Cozen O'Connor

Texas AG Investigates DeepSeek

Cozen O'Connor on

Texas AG Ken Paxton has announced an investigation into the artificial intelligence company DeepSeek’s privacy practices and its claims that its AI model rivals the most advanced AI models in the world, including OpenAI....more

Constangy, Brooks, Smith & Prophete, LLP

Oregon Attorney General issues AI Guidance for businesses

In a significant move to regulate the growing impact of artificial intelligence, Oregon lawmakers recently passed Senate Bill 1571, requiring campaigns to disclose when they use AI to manipulate audio or video images,...more

Arnall Golden Gregory LLP

General Motors Settles With the FTC Over Unauthorized Collection and Sale of Driver Data

In the Federal Trade Commission’s (“FTC”) first action related to connected vehicle data, the agency announced that it reached a settlement with General Motors (“GM”) over GM’s unauthorized collection, use, and sale of driver...more

Husch Blackwell LLP

First Washington My Health My Data Act Class Action Lawsuit Filed

Husch Blackwell LLP on

On February 10, 2025, a class action lawsuit was filed against an online retailer under the Washington My Health My Data (MHMD) Act’s private right of action. The complaint also alleges violations of federal wiretapping and...more

Alston & Bird

State AGs Publish Guidance on How State Laws Apply to AI

Alston & Bird on

On December 24, 2024 and January 13, 2025, the Oregon Attorney General’s Office and the California Attorney General’s Office published advisories (collectively, “Advisories”) explaining how existing statutes may be used to...more

Miller Canfield

More Than Child's Play: $520 Million FTC Settlement Signals Risks for Digital Platforms

Miller Canfield on

For years, one of the world’s most popular online video games, Fortnite, profited from in-game purchases (or “microtransactions”) that, according to the Federal Trade Commission (“FTC”), were unlawful and deceptive. Although...more

Robinson+Cole Data Privacy + Security Insider

Video Game Maker to Pay $20 Million to Settle FTC COPPA Enforcement Action

Singapore-based Chinese video game developer Cognosphere, dba HoYoverse, known for “Genshin Impact,” a role-playing game involving collectible characters with unique fighting skills, has agreed to pay $20 million to settle...more

Robinson+Cole Data Privacy + Security Insider

FTC Settles Case with GM over Allegations of Collection + Use of Drivers’ Precise Geolocation

In its continued concentration on the collection and use of consumers’ precise geolocation, on January 16, 2024, the Federal Trade Commission (FTC) settled with General Motors (GM) over allegations that it collected, used,...more

Cozen O'Connor

Missouri to Require Social Media Companies to Offer Algorithmic Choice

Cozen O'Connor on

Missouri AG Andrew Bailey is issuing a regulation requiring social media companies to offer algorithmic choice for users in the state. Under the rule, it will be an unfair, deceptive, or fraudulent practice under the Missouri...more

Alston & Bird

FTC Announces Proposed Settlement with GoDaddy Incorporating Prescriptive Cybersecurity Requirements

Alston & Bird on

On January 15, 2025, the Federal Trade Commission (FTC) announced a proposed settlement with GoDaddy Inc. (GoDaddy) for making false or misleading representations about their security practices in violation of Section 5 of...more

Brownstein Hyatt Farber Schreck

CFPB Urges States to Enact Consumer Protections

CFPB Urges States to Enact Consumer Protections Last week, the Consumer Financial Protection Bureau (CFPB) issued a report in tandem with a new initiative aimed at pushing an increased number and widening the scope of...more

Baker Botts L.L.P.

A Landmark Lawsuit in Data Privacy: Texas v. Allstate

Baker Botts L.L.P. on

In a groundbreaking enforcement action, Texas Attorney General Ken Paxton has filed a lawsuit against Allstate Corporation and its subsidiary Arity, alleging systematic violations of the Texas Data Privacy and Security Act...more

Wiley Rein LLP

CES 2025: FTC Commissioners Discuss Approach to AI in New Administration

Wiley Rein LLP on

On Thursday, January 9 at CES 2025, two sitting FTC Commissioners – Rebecca Slaughter (D) and Melissa Holyoak (R) – sat down for a revealing discussion moderated by two former FTC Commissioners now in the private sector –...more

BakerHostetler

Why Have One When Four Will Do? How Oregon’s New Guidance on AI Compliance Bridges the AI Legal Gap

BakerHostetler on

Christmas came early when on December 24, the Oregon Office of the Attorney General (OAG) delivered AI guidance wrapped in a bow. Titled “What you should know about how Oregon’s laws may affect your company’s use of...more

Moritt Hock & Hamroff LLP

Consumers Tricked By Epic’s Deceptive Tactics and Privacy Violations To Receive Refunds In Fortnite Settlement With FTC

n December 2022, the Federal Trade Commission (FTC) announced that Epic Games, Inc. had agreed to a $275 million penalty for violating the Children’s Online Privacy Protection Act (COPPA) through its Fortnite video game....more

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