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Jackson Lewis P.C.

Litigation Trend Alert: Breach of Contract and Warranty Claims Based on Privacy Policies

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A recent series of articles by the International Association of Privacy Professionals discusses a trend in privacy litigation focused on breach of contract and breach of warranty claims. Practical Takeaways- • Courts are...more

Seyfarth Shaw LLP

CPPA Underscores That Businesses Own CCPA Compliance – Even When Privacy Management Tools Fail

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The California Privacy Protection Agency (“CPPA”) has made it abundantly clear: privacy compliance isn’t just about publishing the right disclosures – it’s about whether your systems actually work. On May 6, the agency fined...more

K&L Gates LLP

CPPA Announces Enforcement Action Against Automaker

K&L Gates LLP on

On 12 March 2025, the California Privacy Protection Agency (CPPA) settled with an automaker that allegedly violated various aspects of the California Consumer Privacy Act (CCPA). This first-of-its-kind settlement for the...more

Polsinelli

Technology Transactions & Data Privacy - 2025 Report

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It is hard to believe that we are starting the 25th year of the 21st century. The rapid evolution that technology, privacy and data security have undergone these last 25 years is mindbending. Yet, as we enter 2025, it still...more

Goodwin

FTC Issues Long Awaited New COPPA Rules: How They Will Impact Your Business

Goodwin on

On January 16, 2025, the Federal Trade Commission finalized changes to the Children's Online Privacy Protection Act (COPPA) Rule. ...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

Klein Moynihan Turco LLP

Federal Wiretapping Claims – The Next Frontier?

Readers of this blog may recall a recent favorable decision handed down by Massachusetts State’s highest court in which it found that Massachusetts Wiretap Act claims (“MWA”) do not extend to consumer interactions with...more

Klein Moynihan Turco LLP

Big Massachusetts Wiretap Victory for Industry

Klein Moynihan Turco LLP on

Readers of this blog are aware of the surge in consumer privacy lawsuits alleging that the use of third-party tracking technology to collect consumer data while visiting a website constitutes illegal wiretapping. While most...more

Baker Donelson

Second Circuit Ruling Expands VPPA Scope: What Organizations Need to Know

Baker Donelson on

The U.S. Court of Appeals for the Second Circuit reinstated a proposed class action by Michael Salazar against a professional sports organization on October 15, 2024, alleging violations of the Video Privacy Protection Act...more

Burr & Forman

That’s the Way the Cookie Crumbles

Burr & Forman on

Do you know what cookies your company’s website is using? If not, you likely do not know whether your company’s website is honoring users’ data protection choices involving the use of cookies. You should know and care so your...more

Husch Blackwell LLP

U.S. Privacy Litigation Update: August 2024

Husch Blackwell LLP on

Keypoint: California district courts continue to split over whether “knowledge” is required to plead liability under Section 631(a)’s fourth prong while two decisions show courts taking different approaches to VPPA claims at...more

Husch Blackwell LLP

U.S. Privacy Litigation Update: July 2024

Husch Blackwell LLP on

Keypoint: Courts have started to issue Pixel-based wiretapping decisions, the Seventh Circuit weighs in on when a manufacturer can be forced to pay arbitration fees, and three courts showed different approaches to dismissing...more

Fisher Phillips

Disclosure of Data Through Website Cookies May Be a Data Breach – What A Recent Court Ruling Means for Healthcare Businesses

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A California federal court recently ruled that disclosure of certain data collected through website cookies that may qualify as health information could trigger a data breach under the California Consumer Privacy Act (CCPA) –...more

Wyrick Robbins Yates & Ponton LLP

Cookie Cutter: NY AG Announces Cookie Scrutiny with Business Guide to Website Privacy Controls

Website privacy controls—in the form of banners and pop-ups asking visitors to agree to, or reject, a website’s use of cookies, pixels, and similar technologies used to track their behavior—are becoming ubiquitous. In the...more

Husch Blackwell LLP

U.S. Privacy Litigation Update: May 2024

Husch Blackwell LLP on

Keypoint: The Central District of California issued several wiretapping decisions in May while two decisions on the VPPA illustrate how claims fail or succeed at the pleading stage. Welcome to the fourteenth installment in...more

Fisher Phillips

FAQs for Businesses as Texas Data Privacy Law Takes Effect July 1

Fisher Phillips on

Texas will soon be the next state to have a comprehensive consumer data privacy and security law when the Texas Data Privacy and Security Act takes effect on July 1. It will require businesses to take several compliance...more

Health Care Compliance Association (HCCA)

Privacy Briefs: May 2024

Kaiser Permanente is notifying 13.4 million current and former members that their personal information may have been compromised when it was transmitted to tech giants Google, Microsoft Bing and X (formerly Twitter) when...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

Robinson+Cole Data Privacy + Security Insider

California Privacy Protection Agency Launches New Website with Privacy Rights Resources

Last week, the California Privacy Protection Agency (CPPA) launched a new website dedicated to providing resources to California residents about their privacy rights under the California Consumer Privacy Act (CCPA). The...more

Robinson+Cole Data Privacy + Security Insider

CPPA Votes in Favor of Web Browser

Last week, the California Privacy Protection Agency (CPPA) voted in favor of a legislative proposal that would require web browsers to include a feature that allows web users the ability to exercise their privacy rights under...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

Stikeman Elliott LLP

Privacy Authorities Press Platforms to Protect Publicly Posted Personal Information

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The Privacy Commissioner of Canada and other international data protection authorities recently issued a joint statement urging websites and social media platforms to do more to protect personal information from unlawful data...more

Shook, Hardy & Bacon L.L.P.

Website Adtech: What Every In-House Lawyer Must Know (Now!)

The biggest data privacy litigation risk companies currently face is class action litigation based on the use of certain website advertising technology (adtech). Are you wondering what this means for your company? This alert...more

Kilpatrick

5 Key Takeaways - US Privacy Law

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Kilpatrick Townsend’s John Brigagliano recently participated in the “US State Privacy Law” panel at the 37th Annual Privacy & Technology Law Forum. Mr. Brigagliano moderated the discussion with Jason Loring (Vialto Global...more

Foley Hoag LLP - Security, Privacy and the...

Time to Update Your Cookie Banners? Helpful Guidance from the European Data Protection Board on Bad Cookie Banner Practices

When it comes to website privacy compliance, cookies have consistently presented the most fraught issues for U.S. businesses.  This is especially true for those businesses that find themselves in a sometimes new or often...more

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