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Privacy Laws Data Collection

Coblentz Patch Duffy & Bass

Second Circuit Limits VPPA Claims Regarding Meta Pixel Data Collection in Solomon v. Flipps Media: A Win for Companies Using...

In a significant development for companies targeted by (or vulnerable to) litigation over website data collection practices, the U.S. Court of Appeals for the Second Circuit affirmed the dismissal of a Video Privacy...more

Array

This Week in eDiscovery: Motion for Tracking Cookies Crumbles

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Every week, the Array team reviews the latest news and analysis about the evolving field of eDiscovery to bring you the topics and trends you need to know. This week’s post covers the period of April 27-May 3. Here’s what’s...more

Fox Rothschild LLP

New CCPA Regs: Part 2: Consumer Requests

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For the second installment of this series on the new California Consumer Privacy Act (CCPA) Regs, we are looking at consumer request processes. One major eye opener: Tracker opt-outs must be immediate and you may not be...more

Jackson Lewis P.C.

District Court Upholds Browsewrap Agreements in Pennsylvania Wiretap Class Action

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Online retailer Harriet Carter Gifts recently obtained summary judgment from the district court in a class action under Pennsylvania wiretap law. At the heart of this case is the interpretation and application of the...more

Perkins Coie

Class Action Lawsuit Over Marketing Email Tracking Pixels Dismissed by Federal Court

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Key Takeaways - - At least four courts have now held that retailers using email for marketing are not considered “communication service providers” and therefore are not subject to TUCSRA. - At least five courts have now held...more

Loeb & Loeb LLP

Second Circuit Joins Judicial Trend: No VPPA Violation in Pixel-Sharing Case

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The Second Circuit Court of Appeals upheld the dismissal of a proposed class action against Flipps Media (now Triller TV), ruling that the company did not violate the federal Video Privacy Protection Act (VPPA) by sharing...more

Kelley Drye & Warren LLP

California Senate Public Safety Committee Advances Pro-Business Amendment to CIPA

On April 29, 2025, the Senate Public Safety Committee voted 6-0 to advance legislation that would exempt processing of personal information for a commercial business purpose from coverage by the California Invasion of Privacy...more

Hudson Cook, LLP

State Watch: Consumer Protection Enforcement Update

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While uncertainty continued to loom over the CFPB, the states did not take a spring break. Instead, we saw an eye-popping settlement from NY DFS involving BSA/AML claims. And both republican and democratic AGs continued to...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

Moore & Van Allen PLLC

Don’t Forget—Big Changes Coming to Colorado’s Privacy Act: Upcoming Deadlines for Biometrics and Minors Effective July 1, 2025,...

Colorado was the third state in the U.S. to pass comprehensive privacy legislation, following in the footsteps of California and Virginia (the Colorado Privacy Act (the “CPA”). Now Colorado is increasing protections again,...more

Baker Donelson

Recent CCPA Decision Portends Potential Expansion of Class Action Liability Exposure For Cookies, Pixels, and Tracking...

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Wild, wild, west?  Web tracking may be the new frontier in class action litigation. With thousands of lawsuits filed in California and increasingly in other states against organizations, including many who may not realize the...more

Skadden, Arps, Slate, Meagher & Flom LLP

Eight-State Consortium of Privacy Regulators Marks Shift Toward Coordinated Enforcement

In a major development for businesses subject to state data privacy laws, eight state privacy regulators have joined forces to form the “Consortium of Privacy Regulators,” a bipartisan coalition aimed at coordinating...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

Sheppard Mullin Richter & Hampton LLP

Ninth Upends Internet Personal Jurisdiction Law–Briskin v. Shopify

In a landmark ruling, the Ninth Circuit expanded the application of specific personal jurisdiction principles to the realm of nationwide e-commerce. On April 21, 2025, an en banc panel issued a 10–1 decision ruling that...more

Minerva26

How Do Cookies and the Meta Pixel Impact Discovery—and What Must Litigators Know to Handle Them?

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Cookies and pixels used to track user data on the internet are quickly becoming a source of ESI that litigators need to understand and consider how to handle in discovery. In In re Meta Pixel Healthcare Litigation, plaintiffs...more

Klein Moynihan Turco LLP

Paramount Decision: Sixth Circuit Upholds Dismissal of VPPA Claims

On April 3, 2025, the Sixth Circuit Court of Appeals affirmed the dismissal of a plaintiff’s Video Privacy Protection Act (“VPPA”) lawsuit brought against Paramount Global (“Defendant”). In Salazar v. Paramount Global, Mr....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

Bradley Arant Boult Cummings LLP

PART 1: “Staying in Our Lane”: Andrew Ferguson’s FTC Philosophy on Privacy Enforcement

Since Andrew Ferguson assumed the role of FTC chair in January 2025, following his year-long tenure as a commissioner, businesses have been watching closely for signals of how the agency might redirect its focus on privacy...more

Benesch

Tracking Technology Trouble: Shah v. Capital One Deepens Legal Risk Under CCPA and CIPA

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In Shah v. Capital One Financial Corporation, the Northern District of California handed down a ruling that may shape the trajectory of litigation involving tracking technologies, online privacy policies, and California’s...more

Blake, Cassels & Graydon LLP

Pratiques exemplaires liées à la vérification numérique de l’identité dans le secteur canadien des services financiers

De nombreuses entreprises de services financiers sont tenues en vertu de lois et de règlements de vérifier l’identité de leurs clients. Il existe des outils technologiques novateurs qui simplifient le processus de...more

Woods Rogers

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

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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

Paul Hastings LLP

Sweeping Changes to Children’s Privacy Law Will Affect Businesses

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On June 23, 2025, businesses will face a new world of children’s privacy regulation, with amendments to the Children’s Online Privacy Protection Act (COPPA) imposing a host of requirements on operators. The sweeping new...more

Baker Botts L.L.P.

Big Changes for Small Users: FTC Finalizes COPPA Rule Update

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On April 21, 2025, the Federal Trade Commission (FTC) finalized a significant and long-awaited update to the Children’s Online Privacy Protection Act (COPPA) Rule—the law’s first update since 2013. The revised Rule introduces...more

Cooley LLP

Senators Urge FTC Action on Consumer Neural Data, Signaling Heightened Scrutiny

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In a letter dated April 28, 2025, a group of US senators urged Federal Trade Commission (FTC) Chair Andrew Ferguson to examine and address the privacy risks associated with the growing market for consumer devices capable of...more

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