News & Analysis as of

Personally Identifiable Information Data Collection Private Right of Action

Woods Rogers

Virginia Consumer Protection Act Amendments Restrict Collection, Use, or Sharing of Health Information

Woods Rogers on

On March 24, 2025, Senate Bill 754 (pdf) was signed into law amending the Virginia Consumer Protection Act (VCPA), the Commonwealth’s general consumer protection law. The VCPA was originally passed in 1977 as remedial...more

BakerHostetler

Heightened Protection of Reproductive Health Information at US State Level on the Rise - Amendments to Virginia’s Consumer...

BakerHostetler on

On March 24, Virginia Gov. Glenn Youngkin approved SB 754, titled “Consumer Protection Act; prohibited practices, etc., reproductive or sexual health information.”...more

Wyrick Robbins Yates & Ponton LLP

5 Reasons Virginia’s New Reproductive and Sexual Health Privacy Law is a BFD for Business (Spoiler: There’s a Private Right of...

In a development that seems to have flown mostly under the radar this week, Virginia’s governor signed on Monday SB754, a bill passed by the state’s General Assembly that amends the state’s Consumer Protection Act to strictly...more

King & Spalding

Illinois BIPA Reform Takes Effect

King & Spalding on

The long-awaited amendment provides immediate relief to corporate defendants from business-destroying liability - On August 2, 2024, Senate Bill 2979 went into effect limiting available damages under Illinois’ Biometric...more

Mayer Brown

Chairs of House and Senate Commerce Committees Announce Consumer Privacy Legislation

Mayer Brown on

Last month, two key members of Congress released a draft of the American Privacy Rights Act (“APRA”), comprehensive legislation that would change the landscape of consumer privacy law in the United States. If passed, APRA...more

Pietragallo Gordon Alfano Bosick & Raspanti,...

BIPA Accrual Will Not Be Reconsidered By Illinois Supreme Court

On July 18, 2023, the Illinois Supreme Court denied a rehearing on the issue of Biometric Information Privacy Act (BIPA) accrual. The request for rehearing derived from an opinion by the 7th Circuit, Cothron v. White Castle...more

Wyrick Robbins Yates & Ponton LLP

My Health, My Data, My Class Action Lawsuit: Why the Washington My Health My Data Act Deserves EVERY Company’s Attention

To say there’s been a lot of new privacy law in the last decade is an understatement. For those of us who think we’ve “seen it all,” many of these new laws arrive and elicit a sense of challenge (for the optimists) or mild...more

Bradley Arant Boult Cummings LLP

Pet Stairs, Wiretapping, and Cookies: Implications of the Third Circuit’s Popa Opinion

The case of Popa v. Harriet Carter Gifts, Inc. “began with a quest for pet stairs.” Plaintiff Ashley Popa searched Harriet Carter Gifts’ website, added pet stairs to her cart, but never completed the purchase. During her...more

Woods Rogers

Biometric Privacy Trial Is a Milestone in Privacy Law

Woods Rogers on

Generally, biometric privacy laws seek to protect the unique attributes of human beings that could be leveraged to access sensitive information about them, such as fingerprints and the measurements utilized for facial...more

Foley & Lardner LLP

California Enacts the California Age-Appropriate Design Code Act

Foley & Lardner LLP on

On September 15, 2022 California Governor Gavin Newsom signed into law the California Age-Appropriate Design Code Act (CAADCA) AB 2273, which takes effect July 1, 2024 and intends to protect the wellbeing, data, and privacy...more

Wilson Sonsini Goodrich & Rosati

Utah Poised to Become Fourth State with General Privacy Law

Utah is poised to become the fourth state to enact comprehensive consumer privacy legislation, following California, Virginia, and Colorado. Earlier this month, Utah's legislature passed the Utah Consumer Privacy Act (S.B....more

Bowditch & Dewey

Massachusetts Moving Closer to Comprehensive Data Privacy Protection

Bowditch & Dewey on

The Commonwealth of Massachusetts is moving closer to passing consumer data privacy protection legislation with bipartisan support. The Joint Committee on Advanced Information Technology, the Internet and Cybersecurity...more

Lowndes

Florida’s Legislature Takes Gigantic Detour in Privacy Law

Lowndes on

Turns out that Florida’s greatest rivalry is not between FSU and UF. Rather, it appears to be between businesses and consumers. At least, that is how it appears to be if you examine the Florida Legislature’s latest...more

Akin Gump Strauss Hauer & Feld LLP

[Podcast] 2020 CCPA Litigation Report – Analyzing the First Year of Litigation

In this episode, Akin Gump cybersecurity, privacy and data protection practice co-heads Natasha Kohne and Michelle Reed, and counsel Molly Whitman discuss the firm’s new 2020 CCPA Litigation Annual Report and its...more

Bradley Arant Boult Cummings LLP

Biometric Privacy Law Expansions and Private Rights of Action

The days of only seeing biometric techniques in spy films are well behind us. A simple thumbprint can open a phone. Systems like Alexa can recognize your voice and play your favorite music. Some banks even allow customers to...more

Fisher Phillips

Florida Aims To Mirror California’s CCPA With Proposed Data Privacy Legislation

Fisher Phillips on

Florida is currently considering data privacy legislation that would require covered businesses to implement comprehensive policies and procedures to provide privacy rights to consumers. The proposed legislation, House Bill...more

Goodwin

New York Proposes Consent For Collection Of Biometric Data, Backed By Private Right Of Action

Goodwin on

NEW YORK STATE LEGISLATURE PROPOSES BIOMETRIC PRIVACY ACT - On January 6, 2021, the New York state legislature proposed the Biometric Privacy Act (AB 27) to regulate the collection of biometric information by companies...more

International Lawyers Network

Don’t Smile at the Camera – New Biometric Data Laws

Biometric data is seen as a preferred means of identification by many businesses. Unlocking a smartphone using facial recognition and other biometric identifiers, for example, gives users the feeling as if they are more...more

Jackson Lewis P.C.

CPRA Series: Redux On Data Security Requirements And Private Right Of Action

Jackson Lewis P.C. on

The California Privacy Rights Act (CPRA), passed in November, 2020, added to the California Consumer Privacy Act (CCPA) an express obligation for covered businesses to adopt reasonable security safeguards to protect personal...more

Husch Blackwell LLP

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

Husch Blackwell LLP on

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

Stradling Yocca Carlson & Rauth

Dismissal Of Marriott Data Breach Lawsuit Shows How Plaintiffs Still Face Standing Hurdles In The Post-CCPA Era

After the California Consumer Privacy Act (CCPA) took effect on January 1, 2020, a surge of class action lawsuits predicated on alleged CCPA violations hit businesses.  Because of the act’s novelty, it was unclear whether...more

Stradling Yocca Carlson & Rauth

Class Action Suits Attempt To Stretch Consumers’ Ability To Sue For CCPA Violations

The CCPA’s Private Right Of Action - The CCPA gives consumers several new “Privacy Rights”—such as the right to know how their personal information is collected, used and shared, the right to request deletion of their...more

Fisher Phillips

New York State to Consider Biometric Privacy Law, Again

Fisher Phillips on

A bipartisan group of New York state lawmakers recently introduced privacy legislation that would impose new obligations on businesses related to biometric identifiers and biometric information. The Biometric Privacy Act...more

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

Proposed Biometric Privacy Law with Private Right of Action Introduced in New York

A dedicated biometric privacy law has been introduced by legislators in the New York State Assembly. The bill, titled the Biometric Privacy Act, would apply to private entities that collect, capture, purchase, receive through...more

Ballard Spahr LLP

New York Proposes Biometric Privacy Bill With Private Right of Action

Ballard Spahr LLP on

On January 6, 2021, a bipartisan group of New York state lawmakers released a copy of Assembly Bill 27 (AB 27), the New York Biometric Privacy Act. If New York passes AB 27, it will join Illinois, Texas, and Washington as...more

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