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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

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

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

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

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

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

Ice Miller

Don’t Forget About Biometric Information Privacy Laws When Implementing AI in the Workplace

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As employers deal with mounting pressure or desire to implement artificial intelligence in the workplace, they should not forget the laws in several states and localities that place limitations on the use and collection of...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

Wiley Rein LLP

Ninth Circuit Privacy Ruling Could Be Used to Expand Potential Forums for E-Commerce Lawsuits

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On Monday, April 21, 2025, the U.S. Court of Appeals for the Ninth Circuit, sitting en banc, issued an opinion in Briskin v. Shopify, Inc., __ F.4th __ (9th Cir. Apr. 21, 2025), that plaintiffs will cite to attempt to expand...more

Clark Hill PLC

Ninth Circuit expands specific jurisdiction for e-commerce platforms

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In Briskin v. Shopify, Inc., the Ninth Circuit Court of Appeals, sitting en banc, reversed a district court’s dismissal of a proposed data privacy class action for lack of personal jurisdiction. In applying traditional...more

Blake, Cassels & Graydon LLP

Collecte de renseignements personnels en contexte de recrutement au Québec

La collecte de renseignements personnels dans le cadre du recrutement est une étape importante pour les employeurs souhaitant évaluer le profil et les compétences des candidats. Toutefois, cette pratique est encadrée par les...more

Levenfeld Pearlstein, LLC

Privacy Policy Basics

In today’s digital landscape, privacy policies have evolved from obscure legal documents into essential corporate governance tools. As data privacy regulations expand globally, organizations face increasing compliance...more

Klein Moynihan Turco LLP

CIPA and CCPA – Worlds Are Colliding!

Topics that we often discuss on this blog are the use of third-party tracking tools and the California Invasion of Privacy Act (“CIPA”). Less discussed of late, however, is the California Consumer Privacy Act (“CCPA”) which,...more

Constangy, Brooks, Smith & Prophete, LLP

23andWho? The fate of your DNA data after the 23andMe bankruptcy

Consumers have been trading their DNA for a personal genetic history lesson with 23andMe since 2007. The company has since become extremely popular and has collected a trove of genetic information relating to more than 14...more

Foley Hoag LLP - Security, Privacy and the...

Massachusetts to Consider Adopting a Comprehensive State Consumer Privacy Law (Again)

After years of proposed state privacy legislation, Massachusetts lawmakers are poised to once again consider enacting a comprehensive state consumer privacy law in the Commonwealth this legislative session. At a hearing of...more

Fox Rothschild LLP

Session Replay Enforcement, but in French

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Following a wave of “session replay” wiretapping lawsuits in the United States, France’s Commission Nationale de l’Informatique et des Libertés (CNIL) has launched a consultation on tools for recording and replaying browsing...more

Skadden, Arps, Slate, Meagher & Flom LLP

District Court Rulings Could Signal Expansion of California Consumer Privacy Right of Action

In two recent rulings, judges in the U.S. Northern District of California have allowed proposed class actions under the California Consumer Privacy Act (CCPA) to proceed without an allegation of a data breach, departing from...more

Tonkon Torp LLP

Oregon Consumer Privacy Act Enforcement Takes Effect July 1, 2025 for Nonprofits

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As Oregon’s data privacy landscape continues to evolve, nonprofits must take note: the Oregon Consumer Privacy Act (OCPA) will apply to nonprofit organizations beginning on July 1, 2025. The grace period granted to nonprofits...more

Tonkon Torp LLP

Consumer Privacy Laws Are Expanding Nationwide

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Businesses operating across the U.S. should pay close attention to the rapidly evolving consumer privacy landscape. To date, 20 states, including Oregon, have enacted comprehensive consumer privacy laws, with 14 already in...more

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