News & Analysis as of

Opt-In Consumer Privacy Rights

Fisher Phillips

Businesses Get Big Privacy Win in Tester Plaintiffs’ Wiretapping Case: 3 Key Takeaways

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In a big win for businesses, a California federal court just held that a “tester” plaintiff – someone who visits websites for purposes of initiating litigation – cannot bring a claim under the California Invasion of Privacy...more

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

Mintz - Privacy & Cybersecurity Viewpoints

Just Around the Corner, Iowa’s Consumer Privacy Law Taking Effect

Iowa is next up in our series of articles providing in-depth summaries of state consumer privacy laws taking effect across the nation. On March 28, 2023, Iowa Governor Kim Reynolds (R) signed into law Senate File 262...more

Cozen O'Connor

California Announces Dark Patterns as an Enforcement Priority

Cozen O'Connor on

With a growing number of states having passed comprehensive consumer data privacy laws (19 in total, with seven passed this year alone), state enforcement actions related to data privacy are growing increasingly common....more

Venable LLP

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

Venable LLP on

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

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

Benesch on

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

Cadwalader, Wickersham & Taft LLP

Trends in 2024: Consumer Financial Services Edition

Earlier this week, the Consumer Financial Services Law Subcommittee of the American Bar Association’s Business Law Section met in Santa Barbara for its winter meeting. This conference brings together practitioners in consumer...more

Ballard Spahr LLP

New FCC rule on TCPA consent for advertising and telemarketing calls and texts will significantly impact callers who obtain...

Ballard Spahr LLP on

By a vote of 4-1, the Federal Communication Commission (FCC) adopted a new rule amending its regulations implementing the Telephone Consumer Protection Act (TCPA) to close what it refers to as the “lead generator loophole.”  ...more

Bass, Berry & Sims PLC

Texas Data Privacy and Security Act Goes Into Effect with Impact Far Beyond Its Borders

Bass, Berry & Sims PLC on

On June 18, Texas became the eleventh state to enact a comprehensive consumer privacy law by passing the Texas Data Privacy and Security Act (TDPSA) (HB 4). The TDPSA will take effect on July 1, 2024, which is the same day as...more

Bass, Berry & Sims PLC

Florida Added to Growing List of New Comprehensive Consumer Privacy Laws

Bass, Berry & Sims PLC on

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

Sheppard Mullin Richter & Hampton LLP

Another Governor Signs: Florida Privacy Law Will be Effective July 2024

Florida has become the latest state to enact a comprehensive privacy law this year when SB 262 was signed by Governor DeSantis last week. It combines some new, and some familiar, provisions. It has also passed a child privacy...more

Fisher Phillips

Washington to Pass Benchmark Privacy Protections for Consumer Health Data: The 10 Most Important Questions for Businesses

Fisher Phillips on

Washington State lawmakers just passed the most consequential privacy legislation in the country since the California Consumer Privacy Act (CCPA) was adopted in 2018, which will soon require businesses to take significant...more

Ankura

Trends in CCPA Enforcement from 2021 to 2022 – Try Harder

Ankura on

This is the third article in a three-part series whereby Ankura privacy experts analyzed the 40 examples of alleged non-compliance with the California Consumer Privacy Act (CCPA) published by the California Office of Attorney...more

Jackson Lewis P.C.

CPPA Votes to Proceed with CPRA Rulemaking

Jackson Lewis P.C. on

At the California Privacy Protection Agency (CPPA) Board meeting on June 8, 2022, the board voted to begin the rulemaking process. The Board previously released a 66-page draft of regulations, that are intended to implement...more

Holland & Knight LLP

Connecticut Poised to Enact Consumer Privacy Law

Holland & Knight LLP on

Connecticut has positioned itself to become the fifth state to implement comprehensive consumer privacy legislation, after both chambers of the state legislature approved draft bill SB 6 on April 22, 2022, and April 28, 2022,...more

Jackson Lewis P.C.

Is New York Next? A Comprehensive Consumer Privacy Bill Reintroduced

Jackson Lewis P.C. on

On May 13th, New York State Senator Kevin Thomas, Chair of NY’s Consumer Protection Committee, reintroduced the New York Privacy Act (“NYPA”), a comprehensive consumer privacy law similar in kind to the California Consumer...more

McAfee & Taft

As Oklahoma data privacy legislation hits roadblock, bill’s original co-authors continue to seek hearing

McAfee & Taft on

In recent articles and videos, we’ve provided updates on the pending Oklahoma Computer Data Privacy Act, House Bill 1602 (HB 1602), which – if passed – would require that businesses receive a consumer “opt-in” for the...more

Fox Rothschild LLP

West Virginia Data Privacy Bill Is CCPA+

Fox Rothschild LLP on

West Virginia has gotten into the data privacy bill game with House Bill (HB) 3159 on Consumer Data Privacy. The legislation is similar to the California Consumer Privacy Act + the following key points:...more

Jackson Lewis P.C.

New York Considering Dramatic Expansion Of Consumer Privacy Rights

Jackson Lewis P.C. on

In 2018, the California Consumer Privacy Act (“CCPA”), which provides for an expansive array of privacy rights and obligations, was enacted. At the time, it was reasonable to wonder whether California’s bold example would...more

Lowenstein Sandler LLP

Virginia Approves New Data Privacy Law: States Take The Lead As U.S. Trends Closer To Europe’s GDPR

On March 2, the Virginia Consumer Data Protection Act (VCDPA) was signed into law, becoming the second comprehensive state privacy law in the United States. The VCDPA reflects core principles from the California Consumer...more

Wyrick Robbins Yates & Ponton LLP

The Virginia Consumer Data Protection Act: Top 7 Things to Know Right Now

The Virginia Consumer Data Protection Act (CDPA) became law earlier this week when the state’s governor signed a bill recently adopted by the state’s legislature, making Virginia the second state in the nation with a...more

Husch Blackwell LLP

Oklahoma House Passes Computer Data Privacy Act

Husch Blackwell LLP on

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

Hinshaw & Culbertson - Privacy, Cyber & AI...

Privacy Bill Essentials: Oklahoma

The recently introduced Oklahoma Computer Data Privacy Act (OCDPA) is one of the nation's first "opt-in" proposed data privacy laws. The law would require businesses to obtain consent before collecting and selling consumer...more

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