News & Analysis as of

Opt-In Consent

Parker Poe Adams & Bernstein LLP

Business to Pay $630,000 Fine for Violation Claims Caused by Cookie Management Tool

A major vehicle automaker will have to change its business practices and pay a hefty fine to resolve claims that the company violated the California Consumer Privacy Act (CCPA), according to the state regulatory authority...more

Fisher Phillips

California’s Latest Privacy Push: The Location Tracking Crackdown Businesses Can’t Ignore

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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

Kaufman & Canoles

Be Warned: Defendant’s Motion to Dismiss Overdraft Fee Claims Denied

Kaufman & Canoles on

Claims of unfair overdraft fees continue although it seems the media has taken a break from talking about them. A recent federal case in Virginia ruled in favor of all the Plaintiff’s counts and denied the Defendant’s Motion...more

Goodwin

CFPB Issues Guidance Emphasizing the Importance for Banks to Maintain Sufficient Proof of Customers’ Affirmative Consent to...

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In recent discussions surrounding banking practices, the issue of overdraft fees, particularly for ATM and one-time debit card transactions, has gained significant attention....more

Womble Bond Dickinson

The Cookies that May Bite Back

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Would you like some milk with those website cookies? We know the common privacy joke. However, website cookies and online tracking technologies (collectively, “cookies”) are increasingly no joking manner as they can create...more

Venable LLP

California Privacy Protection Agency Warns Businesses Against “Dark Patterns” and Urges “Symmetry in Choice”

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Not to be left behind by other regulators, the California Privacy Protection Agency (CPPA) recently issued an enforcement advisory on “dark patterns” in the context of the notice and consent required under the California...more

Ballard Spahr LLP

CFPB Reminds Financial Institutions to Retain Records of Affirmative Consent for Overdraft Opt-in

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On September 17, 2024, the CFPB issued Consumer Financial Protection Circular 2024-05 on improper overdraft practices. The circular reminded financial institutions of their obligation to retain records that prove the consumer...more

Sheppard Mullin Richter & Hampton LLP

A Wake-Up Call for Data Privacy in the Telecom Sector

The FCC continues to take a more active role in privacy with its enforcement of the customer propriety network information (“CPNI”) regulations. Recently, the FCC released Forfeiture Orders against the three largest mobile...more

Benesch

REMINDER: Nevada Joins Washington with a Consumer Health Data Consent Law Now In Effect

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Nevada’s new consumer health data law—like Washington’s My Health My Data Act—implements strict—and separate—consent requirements for the collection and sharing of an individual’s health data, with few exceptions. March...more

Benesch

Colorado Close to First-in-the-Nation Neuro-Privacy Law Designed to Protect Biological and Neural Data

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The amended version of the bill—which itself amends Colorado’s Privacy Act—now heads for final passage and governor signature. The Colorado state legislature is close to final passage of the “Act Concerning Protection the...more

Akin Gump Strauss Hauer & Feld LLP

New Jersey Data Protection Act: What Businesses Need to Know

On January 16, 2024, New Jersey became the first state to enact a comprehensive data privacy law in the new year, with Gov. Phil Murphy (D-NJ) signing the New Jersey Privacy Act (NJPA) (SB 332) into law. The New Jersey law...more

BakerHostetler

The Times They Are COPPA-Changing! FTC’s Latest Public Meeting Discusses Proposed Updates to Children’s Privacy Rules

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It feels like it has been ages since we had one of those exciting public Federal Trade Commission (FTC or Commission) meetings. You may remember them – when the few remaining commissioners talked about issues and matters of...more

Spirit Legal

What’s Your Face Worth to You?

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Human face is the new oil? The market was always about the creation of value. About the production of goods and offering of services in exchange for money. Now, the word ‘good’ usually serves to describe things, whether...more

Bass, Berry & Sims PLC

Florida Added to Growing List of New Comprehensive Consumer Privacy Laws

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On June 6, Florida Governor Ron DeSantis approved the passage of Senate Bill 262, which establishes the Florida Digital Bill of Rights (FDBR), set to go into effect July 1, 2024. Florida is now the tenth state to pass...more

Husch Blackwell LLP

Significantly Amended (Again) Colorado Privacy Act Passes Senate

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Keypoint: The Colorado Senate unanimously passed the Colorado Privacy Act after amending the bill to add back many of the privacy protections previously removed...more

Husch Blackwell LLP

Oklahoma House Passes Computer Data Privacy Act

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Keypoint: Although weakened from its original version, the Oklahoma bill would (if enacted) provide substantial privacy rights to Oklahoma residents and, in some respects, provide more privacy protections than found in the...more

Husch Blackwell LLP

People’s Privacy Act Introduced In Washington State House Of Representatives

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Keypoint: While the Washington Privacy Act appears poised to pass the Senate, a competing bill introduced in the House of Representatives would require opt-in consent for processing, create an Illinois-like biometric...more

McDermott Will & Emery

Highest German Court rules on Cookie Consent (Planet49)

Although the German parliament has failed to transpose the Cookie Directive into German law, operators of websites must require explicit consent before setting cookies on users’ computers, the German Federal Court of Justice...more

McDermott Will & Emery

Republicans and Democrats Introduce Competing Privacy Bills to Protect Consumers’ Health Information Related to the COVID-19...

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As the federal government, state governments, businesses and other entities continue their response efforts related to the COVID-19 pandemic, the privacy and security of consumers’ personal health information remains a top...more

BCLP

Are companies required to get opt-in consent under the CCPA before using personal data?

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No. The CCPA does not require that a company obtain the consent (or the “opt-in”) of a person before collecting or using their personal information. The concept of consent only arises within the CCPA if a company intends...more

BCLP

What industries utilize cookie banners the most, and the least?

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The term “cookie banner” refers to a banner, or splash page, deployed on a website to inform visitors that the website uses cookies.  Most cookie banners fall within three categories...more

BCLP

What percentage of websites deploy a “deemed consent” cookie banner?

BCLP on

11.6%  The term “cookie banner” refers to a banner or splash page deployed on a website to inform visitors that the website uses cookies.  Most cookie banners fall within three categories...more

BCLP

What percentage of websites utilize a banner that seeks opt-in consent before deploying cookies?

BCLP on

10.6% The term “cookie banner” refers to a banner or splash page deployed on a website to inform visitors that the website uses cookies. Most cookie banners fall within three categories...more

Hogan Lovells

International Products Law Review 2020: Issue 76

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We are excited to bring you issue 76 of our International Products Law Review with insights and updates on all aspects of products law. In this issue, we explore what businesses need to consider when making climate-related...more

Sheppard Mullin Richter & Hampton LLP

NAI’s 2020 Code Effective January 1 Along with CCPA

The Network Advertising Initiative, which provides guidance to advertisers who engage in personalized advertising, updated its Code of Conduct (2020 Code) earlier this year to address, inter alia, data collected offline and...more

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