The Presumption of Innocence Podcast: Episode 48 - Digital Boundaries: Fourth Amendment Protections in a Connected World
The FTC and DOJ Act Against Amazon to Protect Privacy
E17: Carpenter Decision Builds Up Privacy from #SCOTUS
In Part One of this FAQ series, we break down Virginia's Senate Bill 754, Consumer Protection Act; prohibited practices, etc., reproductive or sexual health information (Act), which amends the Virginia Consumer Protection Act...more
On January 8, 2025, the Department of Justice (DOJ) issued a Final Rule, now referred to as the Data Security Program (DSP), that establishes sweeping new restrictions on access to sensitive personal data and...more
Starting July 9, 2025, the U.S. Department of Justice will begin enforcing its new “Bulk Sensitive Data Rule,” a sweeping regulation aimed at restricting the transfer and storage of sensitive U.S. personal and...more
On June 2, Gov. Tina Kotek signed HB 2008 amending the Oregon Consumer Privacy Act (the Act) to increase protection both for personal data collected from consumers younger than 16 years of age and for all Oregonians' precise...more
Attorney General James sued a national bank and its holding company for the bank's alleged practices relating to its offering of online savings accounts. Specifically, the AG claims that the bank offered a "high interest"...more
On March 10, 2025, California Attorney General Rob Bonta announced an investigative sweep targeting the location data industry, emphasizing compliance with the California Consumer Privacy Act (CCPA). This announcement follows...more
A notable decision from the Ninth Circuit Court of Appeals has significant ramifications for companies defending against Telephone Consumer Protection Act (“TCPA”) claims. Below, we discuss the Court’s decision and its...more
In U.S. v. Chatrie, __ F. 4th __, 2025 WL 1242063 (4th Cir. Apr. 30, 2025)(en banc), the Court issued a per curiam affirmance of the District Court’s geofence decision. Fourteen judges joined in that decision. There were...more
The Fifth Circuit on April 17 vacated a $57 million FCC forfeiture against AT&T, ruling the agency violated the company’s Seventh Amendment right to a jury trial under the Supreme Court’s 2024 decision in SEC v. Jarkesy. ...more
On March 10, California Attorney General (AG) Rob Bonta announced an investigative sweep of the location data industry for potential noncompliance with the California Consumer Privacy Act (CCPA)....more
A new California investigative sweep into the location data industry focuses on whether businesses have violated state law relating to the consumers’ right to limit how their personal information – including their geolocation...more
On February 14, 2025, in Therrien v. Hearst Television, Inc., the District of Massachusetts denied a motion for class certification due to the plaintiff’s failure to meet the implied ascertainability requirement of Rule 23....more
On March 10, 2025, the Office of the Attorney General of California (CAAG) announced an enforcement sweep of the California Consumer Privacy Act (CCPA) focused on the location data industry. Attorney General Rob Bonta stated...more
Businesses that track the geolocation of individuals—whether for fleet management, sales and promotion, logistics, risk mitigation, or other reasons—should closely monitor the progress of California Assembly Bill 1355 (AB...more
On January 13, 2025, Texas Attorney General Ken Paxton (“Texas AG”) filed the first-ever enforcement action under the Texas Data Privacy and Security Act (“TDPSA”) against insurance company Allstate and its subsidiary, Arity...more
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
On January 13, 2025, the Texas Attorney General (AG) announced a lawsuit against insurance company Allstate, and its subsidiary, Arity, for allegedly collecting, using and selling the geolocation and movement of Texan...more
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
On January 13, 2025, Texas Attorney General’s Office filed its first lawsuit enforcing the Texas Data Privacy and Security Act (“TDPSA”). The law went into effect on July 1, 2024. The complaint also states claims under Texas’...more
Many employers have turned to geolocation tools like GPS devices to monitor employees’ whereabouts and movements – especially those working remotely or in field-based roles. While these tools provide an effective way to boost...more
On January 8, 2025, the Department of Justice (“DOJ”) published its Final Rule to implement President Biden’s Executive Order 14117, “Preventing Access to Americans’ Bulk Sensitive Personal Data and United States...more
On December 3, 2024, the Federal Trade Commission (FTC) announced two enforcement actions against large data aggregator companies, Mobilewalla, Inc. (“Mobilewalla”) and Gravy Analytics Inc. (“Gravy Analytics”), for alleged...more
Although 2024 saw several states enact comprehensive privacy legislation, another year is nearly gone, and we still do not have a comprehensive federal privacy law to resolve the rapidly evolving patchworks of state laws....more
The Federal Trade Commission (FTC) has been on a mission to get the message across that it is serious about companies collecting, using, and selling sensitive location data of consumers and that it is closely watching these...more
I have commented before that I do not enable location-based services unless I use an app that requires it, like a ride-sharing app or directions. One of the reasons is to prevent data brokers and others from using precise...more