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
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 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
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
“The right of the people to be secure … against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause … and particularly describing the place to be searched, and the...more
We have seen a dizzying amount of Federal Trade Commission (FTC or Agency) enforcement on the privacy front in 2024, with a heavy focus on the collection and sharing of health data, browsing and geolocation data, and...more
On May 17, 2024, Virginia Governor Glenn Youngkin signed SB 361/HB 707 amending the Virginia Consumer Data Protection Act ("VCDPA") to provide heightened protections to consumers under 18 years of age, not just those under...more
Since the start of the year, the Federal Trade Commission (FTC) has brought actions against – and reached proposed settlements with – three business ventures engaged in the collection, use and sharing of certain consumer...more
The Federal Trade Commission (FTC) recently reached two settlements in actions against data brokers concerning their use of consumer location data and banning them from collecting, using, or selling consumer location data...more
Following several years of investigating the common practices in the space, the Federal Trade Commission (FTC) reached its first settlement with a data broker over the alleged collection and sale of location information that...more
The FTC announced an action last week against location data broker X-Mode Social and its corporate successor Outlogic (collectively, “X-Mode”) based on several alleged violations of Section 5 of the FTC Act. According to FTC...more
The California Privacy Protection Agency (CPPA) released initial draft regulations for cybersecurity audits (which have since been amended) and risk assessments late this summer. The agency’s board of directors addressed the...more
The Federal Trade Commission (FTC) has long expressed a concern about the potential misuse of location data. For example, in a 2022 blog post, “Location, health, and other sensitive information: FTC committed to fully...more
France’s highest court has intervened in a case involving an employee dismissed based on the geolocation information of his work vehicle. ...more
On September 18, in identical opinions issued in separate cases against Google and Apple, EDVA District Judge Michael Nachmanoff ruled that four patents directed toward geolocation of mobile devices claimed patent-ineligible...more
On September 12, 2023, Delaware governor John Carney signed the Delaware Personal Data Privacy Act (the “DPDPA” or the “Act”) into law. The DPDPA protects the privacy rights of consumers in Delaware and regulates the...more