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Data Privacy Website Owner Liability Data Collection

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

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

Fisher Phillips

From Search to Share: Court Holds Third-Party Interception of Search Bar Terms Can Support CIPA Claim

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As the privacy litigation landscape continues to take shape, search bars have quietly become a Trojan horse in online data collection, carrying new legal theories into the California Invasion of Privacy Act (CIPA) arena. The...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

Fisher Phillips

Tide May Be Turning in Businesses’ Favor After Key California Court Decisions in Website Tracking Cases

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Two recent court decisions have provided businesses with long-awaited clarity on the reach of the California Invasion of Privacy Act (CIPA) – and could begin to redefine digital privacy litigation for the better. Two separate...more

Fisher Phillips

Top 5 Surprising Takeaways as Fisher Phillips Launches Digital Wiretapping Litigation Tracker

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Some businesses might be surprised to learn that digital wiretapping litigation claims are one of today’s fastest-growing compliance risks, with over 1,560 lawsuits filed in 28 states since a groundbreaking 2022 decision...more

Wyrick Robbins Yates & Ponton LLP

Naughty and Nice: Recent Website Tracking Technology Cases Present Mixed Bag for Website Operators

Many people are thinking of holiday cookies at this time of year, but your favorite privacy lawyers are still thinking more about the non-delicious kind: those enabling common features on websites and online services. That’s...more

Nelson Mullins Riley & Scarborough LLP

Muddy Waters: October's Judicial Opinions for Privacy and Digital Tracking

October has offered valuable insights for companies managing privacy obligations related to user tracking, with courts issuing opinions on various wiretap laws and the Video Privacy Protection Act (VPPA) in the context of...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...

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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

Fisher Phillips

Feds Order Software Provider to Pay $16M: 3 Compliance Tips for Businesses on Website Data Collection and Targeted Ads

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Federal officials recently banned a software provider from selling, disclosing, or licensing any web browsing data for advertising purposes – and ordered to pay $16.5 million. The Federal Trade Commission (FTC) alleged that...more

Guidepost Solutions LLC

FTC Proposes Strengthening Children’s Privacy Rule

On January 11, 2024, the Federal Trade Commission (FTC) published a Notice of Proposed Rulemaking that would fortify the Children’s Online Privacy Protection Act (COPPA). This move underscores a significant shift in the...more

Coblentz Patch Duffy & Bass

You’ve Worked To Make Your Website Cookies, Pixels, and Chat Function Compliant With Privacy Laws; Now What Is A “Pen Register”?

Despite your recent efforts to comply with privacy law requirements for website cookies, pixels, and analytics, your business may be at risk of getting sued for violations of “pen register” or “trap and trace” laws based on...more

Troutman Pepper Locke

Beware Common Website Technology Tools That Can Lead to Wiretap Claims

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Knowing how consumers behave while on a website can provide businesses with valuable information. Frequently businesses employ “session replay” tools to analyze what users do on their website. “Session replay” is software...more

Wilson Sonsini Goodrich & Rosati

Coalition of States Sues Meta for Alleged Harms to Children and Teens, and Alleged COPPA Violations

On October 24, 2023, a bipartisan coalition of 33 states’ attorneys general filed suit against Meta Platforms, Inc., alleging in a lengthy complaint that Meta’s social media platform features are unsafe and designed to induce...more

Coblentz Patch Duffy & Bass

Companies Should Keep in Mind Chatbots, Session Recordings, Mouseclicks: New Consumer Privacy Suits Continue Under Decades-Old...

Numerous new website technologies and tools allow companies to more effectively interact with their customers. These include chatbots, session recording software, tracking pixels (snippets of code that can be used to identify...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

Burr & Forman

Children's Online Privacy Protection Rule Q&A

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COPPA, or the Children's Online Privacy Protection Rule, was designed to protect the privacy of children under 13 years of age by giving their parents certain tools to control how the child's information can and cannot be...more

Hogan Lovells

California poised to enact broad, new restrictions on online services with under-18 users

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The California Senate Appropriations Committee has advanced the California Age-Appropriate Design Code Act, AB 2273, which could significantly impact many online service providers. Modeled on the UK’s Age Appropriate Design...more

Troutman Pepper Locke

California Consumer Privacy Act Enforcement Series: Failing to Provide Adequate Notice at Collection

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Enforcement of the California Consumer Privacy Act (CCPA) began July 1, 2020. Our privacy team at Troutman Pepper includes several attorneys who worked in an attorney general’s office. This privacy regulatory team has...more

Mitratech Holdings, Inc

10 Privacy Predictions for 2020

In the last two years, businesses have been catapulted into a dizzying new world, with privacy expectations and requirements that were unheard of just two years ago. ...more

Sunstein LLP

Exploitation of Publicly Available Website Data May be Unstoppable

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Data scraping is a technique by which automated tools are used to extract data from a website and format the data for analysis. Many companies mine website users’ publicly accessible data in order to tailor products and...more

Buckingham, Doolittle & Burroughs, LLC

The Privacy Race – Nevada in the lead with new laws effective October 1

Nevada will beat California in the US race to implement privacy requirements on businesses. Effective October 1, 2019, companies must comply with Nevada’s new law governing the sale of personal information. Generally,...more

Proskauer on Privacy

Nevada Consumer Opt-Out Right from Sale of Personal Information Goes into Effect

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Effective tomorrow, October 1, 2019, the existing Nevada Privacy of Information Collected on the Internet from Consumers Act will be amended to include a consumer right to opt out from the sale of personal information and to...more

Akin Gump Strauss Hauer & Feld LLP

Landmark FTC Settlement Offers Important Lessons for Businesses That May Collect or Use Children’s Information

On September 4, 2019, the Federal Trade Commission (FTC or the “Commission”) announced a settlement with YouTube and its parent Google that resolves allegations that the companies violated the Children’s Online Privacy...more

Sheppard Mullin Richter & Hampton LLP

Nevada’s Amended Privacy Law: Groundbreaking or More of the Same?

Nevada recently amended its existing online privacy law to give Nevada residents the ability – in certain circumstances – to opt out of the sale of their data to third parties. The amendment goes into effect October 1, 2019,...more

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