News & Analysis as of

Personal Information Privacy Laws Consent

Akin Gump Strauss Hauer & Feld LLP

Akin Intelligence - April 2025

On May 19, 2025, President Trump signed the bipartisan TAKE IT DOWN Act into law. The Act criminalizes the publication of nonconsensual intimate visual depictions of individuals, including AI-generated deepfakes. Threats to...more

Robinson+Cole Data Privacy + Security Insider

State Data Minimization Laws Spark Compliance Uncertainty

A new wave of state consumer privacy laws focused on limiting data collection is creating anxiety among businesses—and Maryland is leading the charge. The Maryland Online Data Privacy Act (MODPA), set to take effect in...more

Klein Moynihan Turco LLP

The TikTok Trap and Trace Train Keeps Chugging Along

In an earlier piece, we discussed the increase in recently-filed California Invasion of Privacy Act (“CIPA”) TikTok trap and trace device lawsuits. Generally, TikTok trap and trace actions allege that the use of TikTok...more

Fox Rothschild LLP

New CCPA Regs: Part 1: Dark Patterns

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New California Consumer Privacy Act (CCPA) Regs are here, with comments open until June 2. There are a lot of issues to address, and a lot of work for companies to implement. We are talking about billions of dollars in...more

Husch Blackwell LLP

CPPA Announces New CCPA Enforcement Action

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Keypoint: In its second non-data broker enforcement action for violations of the CCPA, the California Privacy Protection Agency entered into a stipulated final order with a retailer for a $345,178 administrative fine and...more

Eversheds Sutherland (US) LLP

Proposed CIPA amendment may stem the tide of CIPA class actions

In a prior alert, we predicted an uptick in class action complaints brought under the California Invasion of Privacy Act (CIPA) alleging that modern website analytical tools such as pixels, cookies and session replay software...more

Robinson+Cole Data Privacy + Security Insider

The VPPA: An Old Law with New Streams

Enacted in 1988, the Video Privacy Protection Act (VPPA) was intended to regulate the then-booming videotape industry by limiting how video rental and sales data is disclosed. The law was enacted in direct response to the...more

Kilpatrick

Arkansas Becomes First State to Enact a COPPA 2.0 Inspired Privacy Law

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On April 7, 2025, Arkansas passed the Arkansas Children and Teens’ Online Privacy Protection Act (HB 1717) - a state law modeled closely after the federal Children and Teens’ Online Privacy Protection Act (widely referred to...more

Alston & Bird

Arkansas Enacts Children and Teens’ Online Privacy Protection Act

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On April 21, 2025, Arkansas Governor Sarah Huckabee Sanders signed into law the Arkansas Children and Teens’ Online Privacy Protection Act (Act), which will become effective on July 1, 2026. It draws inspiration from the...more

Husch Blackwell LLP

Analyzing Virginia’s New PRA for Protecting Consumer Reproductive and Sexual Health Information

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Keypoint: A new Virginia law prohibits the collection, use, or sharing of reproductive or sexual health information without consent and provides Virginians with a private right of action for at least $500 per violation. As...more

Fox Rothschild LLP

What is Sufficient Consent?

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The following is sufficient consent for the Video Privacy Protection Act and the California Invasion of Privacy Act, according to a recent decision in the U.S. District Court for the Northern District of California....more

Robinson+Cole Data Privacy + Security Insider

EdTech and Privacy of Student Information: A Case Study

On March 27, 2025, a class action lawsuit was filed against the education technology (EdTech) company Instructure, the parent company of Canvas, a popular learning management system. The complaint alleges that Instructure...more

Wilson Sonsini Goodrich & Rosati

Lessons from the CPPA’s $632,500 Settlement with Connected Vehicle Manufacturer

On March 12, 2025, the California Privacy Protection Agency (CPPA) announced a settlement with American Honda Motor Co. (Honda) over alleged violations of the California Consumer Privacy Act (CCPA). The CPPA investigated...more

Husch Blackwell LLP

CPPA Announces Its First CCPA Non-Data Broker Enforcement Action

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On March 12, 2025, the California Privacy Protection Agency (Agency) announced its first non-data broker enforcement action requiring a vehicle manufacturer to pay an administrative fine of $632,500 in connection with the...more

Benesch

Scientific American Unable to Kick VPPA Class Action

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In a notable development for corporate defendants grappling with consumer privacy litigation, the Southern District of New York has recently issued a decision in Lee v. Springer Nature America, Inc., embracing a broadened...more

Mayer Brown

Children’s Online Privacy: Recent Actions by the States and the FTC

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AT A GLANCE - As the digital world becomes an integral part of children's lives, state legislatures are placing greater emphasis on regulating how companies handle children’s personal information. This Legal Update...more

Mintz - Health Care Viewpoints

Will New York Be Next to Regulate Specifically Personal Health Information to Further, and Possibly Re-Write, a New Paradigm of...

The New York legislature passed its version of Washington’s My Health My Data Act (“WA MHMDA”) on January 22, 2025. Currently awaiting action by Governor Kathy Hochul, the New York Health Information Privacy Act (“NY HIPA”)...more

Jackson Lewis P.C.

California’s Proposed Location Privacy Act: A Potential Game-Changer for Tracking Location of Individuals

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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

WilmerHale

First Lawsuit Filed Under Washington’s My Health My Data Act

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The first class action complaint was filed under Washington’s My Health My Data Act (“MHMDA”) on February 10, 2025, more than a year after the law’s passage. When the law passed in April 2023, MHMDA was novel for its broad...more

Epstein Becker & Green

New York’s Health Information Privacy Act Poised to Become the Latest in a Growing Trend of State Data Privacy Laws

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New York State appears poised to become the fourth state to explicitly regulate consumer health data not covered by the federal Health Insurance Portability and Accountability Act (HIPAA)....more

Lowenstein Sandler LLP

Privacy Implications of Real-Time Bidding – Lessons From the Mobilewalla Enforcement Action

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With advances in digital technology and consumers’ insatiable appetite for “free” content, the advertising technology industry (AdTech) has played a crucial role in delivering highly personalized ad campaigns to consumers...more

Perkins Coie

FTC Announces New Children’s Privacy Requirements in Updated COPPA Rule

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The Federal Trade Commission (FTC or Commission) announced long-awaited amendments to the Children’s Online Privacy Protection Act Rule (COPPA Rule) on January 16, 2025, marking the first changes to the COPPA Rule since 2013....more

Jackson Lewis P.C.

Class Certification Granted – California Website Tracking Lawsuit Reminds Businesses about Notice Risks

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A California federal district court recently granted class certification in a lawsuit against a financial services company. The case involves allegations that the company’s website used third-party technology to track users’...more

Arnall Golden Gregory LLP

FTC Finalizes Its First Updates to Children’s Privacy Rule Since 2013

On January 16, 2025, the Federal Trade Commission (“FTC”) announced its Final Rule amendments to the Children’s Online Privacy Protection Act (“COPPA”) Rule, which imposes requirements on website and online service operators...more

Fox Rothschild LLP

Valid Consent: General Public vs. Gamblers

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A new decision by the United Kingdom’s high court says that even if you have cookie and marketing consent mechanisms that are sufficient for valid consent under privacy laws for the general public, they may not be enough for...more

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