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A federal district court has denied a motion by Johnson & Johnson Consumer Inc. (JJCI) to dismiss a second amended complaint alleging it violated the Illinois Biometric Information Privacy Act (BIPA) by collecting and storing...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
As we look back at 2024 and what the new year might bring in the data privacy space, one particular aspect stands out as a focus: youth online privacy and safety. ...more
It took some time, but we officially have the first complaint filed alleging violations of the Washington My Health, My Data Act (“MHMDA”). The complaint, filed February 10 in the U.S. District Court Western District of...more
Businesses can breathe a sigh of relief: In Insurance Marketing Coalition v. FCC, the U.S. Court of Appeals for the Eleventh Circuit vacated the Federal Communication Commission’s (FCC) controversial one-to-one consent rule,...more
On Friday, January 24, 2025, just one business day before it was to take effect on January 27, the Eleventh Circuit vacated the Federal Communications Commission’s (FCC) One-to-One Consent Rule that was adopted as an...more
In Angelyn A. Olson et al. v. The Consilio LLC, et al. filed in Tarrant County, Texas, plaintiff Angelyn Olson alleged that she was involved in other litigation during which an e-discovery service provider (Consilio) was...more
The landmark $1.4 billion settlement reached by the state of Texas and a social media company to settle allegations that the company’s platform unlawfully scanned the faces of millions of users in Texas serves as a warning to...more
What You Need To Know In A Minute Or Less - Beginning in 2023, courts across the United States have grappled with a wave of lawsuits challenging the legality and use of generative artificial intelligence (AI) systems and...more
Washington's My Health My Data Act (MHMDA) goes into effect on March 31, 2024, for most entities subject to the law. The MHMDA imposes new notice and consent requirements for the processing of "consumer health data," with...more
2023 brought a surge of data privacy developments, with a large expansion of state comprehensive privacy laws, litigation of new claims based on older laws (e.g. wiretapping and VPPA cases), increased scrutiny on data...more
In the latest example of privacy laws being stretched to fit new digital technologies, plaintiffs have begun to file a flurry of suits alleging that retailers are using pen register and trap-and-trace software to illegally...more
In the wake of the landmark Dobbs v. Jackson Women’s Health Organization decision, state consumer health data laws have emerged as a critical focal point in the rapidly evolving landscape of how consumer health data will be...more
Oh say, can you see, Part 5 in our Washington My Health My Data Act series? This is the fifth installment in our series on the Washington My Health My Data Act (“WMHMDA”)....more
Montana is the ninth state to enact a comprehensive consumer data privacy law - Montana Governor Greg Gianforte signed the Montana Consumer Data Privacy Act (MTCDPA) on May 19, 2023, after unanimous passage through the...more
One internet search of the CCPA or the CPA reveals a plethora of articles outlining standard data protection requirements under those laws, from privacy notice requirements to new mandatory contractual provisions. But the...more
Recent findings by the Office of the Privacy Commissioner of Canada (“OPC”) found that Home Depot of Canada Inc. (“Home Depot”) did not obtain valid meaningful consent to share summary purchase information with Meta Platforms...more
By now, most businesses are aware of the growing requirements to provide notice to consumers regarding how a business uses and discloses personal information. In addition to existing regulations, five new privacy laws will go...more
DAL Global Services LLC , an aviation ground handling service provider, was hit with a proposed biometric privacy class action in April of this year in the U.S. District Court for the Northern District of Illinois. ...more
Session Replay Software is a type of software typically utilized by businesses with consumer-facing websites. These businesses are typically very interested in making their website more interactive and responsive to consumer...more
Consent is newly defined by the California Privacy Rights Act (CPRA). While this new definition of consent—which highlights specific, informed, and freely-given actions—closely aligns with the European Union’s General Data...more
On Thursday, September 17, Senate Commerce Committee Chairman Roger Wicker (R-MS) and other Committee Republicans introduced a finalized version of their long-awaited data privacy legislation, which was first unveiled as a...more
After what seemed like a set of fits and starts for the California Consumer Privacy Act (CCPA), which went into effect on January 1, 2020, California Attorney General Xavier Becerra announced the approval of the final...more
Enforcement of the California Consumer Privacy Act (CCPA) began July 1, 2020. Our privacy team at Troutman Pepper includes several attorneys who worked in an attorney general’s office. This privacy regulatory team has...more
The California Consumer Privacy Act (CCPA) has forced companies across the United States (and even globally) to seriously consider how they handle the personal information they collect from consumers. By its terms, however,...more