Podcast: Digital Taxation—Implications for EU Technology Companies
E17: Carpenter Decision Builds Up Privacy from #SCOTUS
For businesses subject to the California Consumer Privacy Act (CCPA), a compliance step often overlooked is the requirement to annually update the businesses online privacy policy. Under Cal. Civ. Code § 1798.130(a)(5),...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
While Andrew Ferguson advocates for a restrained regulatory approach at the FTC, his statements and voting record reveal clear priority areas where businesses can expect continued vigorous enforcement. Two areas stand out in...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
In a press release on March 10, 2025, California Attorney General (“California AG”) Rob Bonta announced an investigative sweep focusing on California Consumer Protection Act (“CCPA”) compliance within the location data...more
On March 10, California Attorney General (AG) Rob Bonta launched an investigation into the location data industry, issuing letters to companies that the AG alleged “appear to be in violation of the California Consumer Privacy...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
This week California Attorney General Rob Bonta announced a new investigative sweep under the California Consumer Privacy Act (CCPA). We have anticipated this sweep for some time based on the focus and the direction of a...more
On February 21, 2025, representatives in the California legislature introduced California Assembly Bill 1355, also known as the California Location Privacy Act (“AB 1355”). AB 1355 seeks to amend the California Consumer...more
Businesses operating in California that rely on location tracking – whether for fleet management, employee monitoring, logistics, or marketing – should pay close attention to a bill that would dramatically alter the legal...more
An online retailer was recently hit with the first class action under Washington’s consumer health data privacy law alleging that it used advertising software attached to certain third-party mobile phone apps to unlawfully...more
When you use your cellphone to search for businesses near you, you may opt into data collection about your location with an accuracy of within a few hundred feet. Often, unless you affirmatively opt out later, that data...more
When it comes to discovery of mobile devices, it’s not just the data that’s important for discovery, but also the data about the data – the metadata – that can be used to authenticate evidence, to determine whether the data...more
The Federal Trade Commission (FTC) announced two significant enforcement actions last week – one against data broker Mobilewalla, Inc. and the other against data analytics provider Gravy Analytics, Inc. (and its subsidiary...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
On August 9, 2024, the Fifth Circuit issued its decision in United States v. Smith, No. 23-60321, broadly holding: “that the use of geofence warrants … is unconstitutional under the Fourth Amendment.” This categorical holding...more
Recent U.S. developments indicate a growing focus on regulating and investigating the data privacy practices of companies in the automotive sector. The Federal Trade Commission (FTC) recently highlighted in a blog post its...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
On January 9, 2024, the Federal Trade Commission (FTC) issued its first ever prohibition on the use, sale and disclosure of sensitive location data against X- Mode Social and Outlogic (“X-Mode”), a location data broker. Only...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
Google has agreed to pay a whopping $155M to resolve a government investigation and a class action lawsuit stemming from its use of location data, including claims that it stored and collected consumers’ location-related...more
Massachusetts lawmakers are considering banning the sale of cellular location data across the state, which would be the first legislation of its kind in the country. The Massachusetts Location Shield Act was proposed in the...more
On July 31, 2023, the California Privacy Protection Agency (“CPPA”) – the state privacy regulatory agency charged with regulating and enforcing the California Consumer Privacy Act (as amended by the California Privacy Rights...more