News & Analysis as of

Privacy Policy Consent

Lathrop GPM

What Closely Held Businesses Need to Know About Data Privacy and Cybersecurity

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Closely held businesses such as family-owned manufacturers, professional services firms, multi-location retailers, healthcare practices and private real estate companies handle significant amounts of sensitive information...more

Robinson+Cole Data Privacy + Security Insider

CIPA Demand Letters Are Here to Stay; Reducing Risk from Chat, Session Replay, and Analytics

Until California’s legislature provides clearer guardrails, companies should expect continued class action activity under the California Invasion of Privacy Act (CIPA), targeting common website tracking technologies....more

Klein Moynihan Turco LLP

Consent Defeats Wiretapping Claims

As our readers know, the use of internet tracking technologies on consumer-facing websites is widespread. Utilization of these third-party tracking tools, however, has led to a proliferation of lawsuits alleging that...more

Robinson+Cole Data Privacy + Security Insider

What the Adidas CIPA Decision Means for Website Operators

Businesses that run consumer-facing websites have spent the past several years contending with a steady stream of California Invasion of Privacy Act (CIPA) demands and class actions aimed at everyday digital tools such as...more

Butler Snow LLP

CCPA Regulations Amendments Effective January 1, 2026: A Practical Roadmap for In-House Counsel

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The California Consumer Privacy Act (CCPA) Regulations got a New Year update, with amendments effective on January 1, 2026. Think of these changes as a front-door refresh—strengthening key points to the privacy program—rather...more

Fisher Phillips

Is Florida the New Hotbed for Digital Wiretapping Lawsuits? 6 Steps You Can Take to Minimize Your Risk

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Florida has suddenly become flooded with “digital wiretapping” lawsuits or demand letters targeting companies that use standard tracking technologies on their websites or in marketing emails. While historically many of these...more

McCarter & English, LLP

Who, Me? A Wiretapper? Common Website Activities May Subject Your Business to Demands Under the California Invasion of Privacy Act

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Does your company operate a website and do business in California? If so, you may soon receive (if you have not already) a letter from a law firm on behalf of a California resident aggrieved by your alleged violation of the...more

Warner Norcross + Judd

A Word of Caution: Wiretap Lawsuits Continue to Plague Website Owners

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Over the last several years, plaintiffs’ attorneys and other individuals have used antiquated wiretapping laws, including California’s 1967 wiretapping act, to allege that businesses with websites utilizing third parties and...more

Fisher Phillips

Court Allows CIPA Claim Involving Third-Party Pixels To Proceed, Ignores Contrary Case Law: What Your Business Needs To Know

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Businesses may be feeling a bit of whiplash from a recent federal court ruling on California’s wiretapping law and should be on alert for whether their website tracking technology could be used to file a viable lawsuit. On...more

Jackson Walker

CIPA Claims Surge: What Every Company with a California-Facing Website Must Know

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Claimants are reviving a 1960s-era wiretapping law to challenge common website tracking tools – including pixels, session replay, chat widgets, and more. Data privacy and compliance professionals navigate an increasing number...more

Shumaker, Loop & Kendrick, LLP

Digital Risk Report, November 2025

“Trap and trace” and website privacy lawsuits are on the rise nationwide. Plaintiffs’ lawyers are zeroing in on companies that use chat tools, analytics, or ad pixels without proper disclosures or consent. The common thread?...more

Lathrop GPM

Data Privacy: Looking Behind the Curtain

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While it’s common for companies to think that simply having a data privacy policy is enough to meet privacy law requirements, a strong privacy program involves much more than what’s visible on the “stage.” Behind the curtain,...more

Fisher Phillips

Website Tracking Lawsuit Against Retailer Dismissed for Lack of Standing: What California Ruling Means for Your Business

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A California federal court recently handed businesses another major victory in the ongoing wave of privacy lawsuits targeting website analytics and tracking tools. On September 30, Judge Fernando Aenlle-Rocha of the Central...more

Fisher Phillips

Your Website Chatbot Could Cost Your Business: What You Need to Know About Rising Digital Wiretapping Risks in Florida and Beyond

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Does your company’s website use automated bots to interact with visitors? A wave of Florida-based privacy litigation has created new compliance considerations for businesses that use what are now commonplace website tools. If...more

Fisher Phillips

Judge Tosses California Digital Wiretapping Claim: Here’s the Good News + Lessons for Businesses

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A federal judge in San Francisco just gave website operators a major win, calling the California Invasion of Privacy Act “a total mess” – but the ruling also highlights major privacy risks businesses still face nationwide....more

Husch Blackwell LLP

U.S. Privacy Litigation Update: September 2025 Decisions

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In this post: (1) Courts find cookie banners and sign-in banners place users on notice of privacy policy; (2) but policy must explicitly notify users of practice to establish consent; (3) Courts disagree whether disclosure of...more

Foster Garvey PC

Biometric Privacy in Washington Workplaces: Key Considerations for Employers

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Employers in Washington who use biometric timekeeping or security tools should take note of recent developments. While current state laws provide some exemptions for employment-related uses of biometric data, new litigation...more

Foster Garvey PC

Understanding CIPA: California’s Expanding Website Privacy Law

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California’s Invasion of Privacy Act (CIPA) was enacted in 1967 to prevent unlawful wiretapping. Nearly sixty years later it is being used in a new way: to challenge how websites collect and share user data. Today,...more

Klein Moynihan Turco LLP

Ensure Text Message Delivery by Registering Your Long Codes!

As a reminder, The Campaign Registry (“TCR”) continues to be mandatory for telephone numbers that are routed through a virtual phone service provider (“service provider”). The goal of TCR registration is to prevent spam and...more

DLA Piper

Australia: Facial Recognition Technology Continues to Breach Australian Privacy Act

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Three years after its investigation commenced, the Office of the Australian Information Commissioner (OAIC) has found that retail giant Kmart Australia Limited (Kmart) breached the Privacy Act 1988 (Cth) (Privacy Act) through...more

Constangy, Brooks, Smith & Prophete, LLP

Privacy Under Fire: Lessons from recent cases

No more “checking the box.” Privacy policies should no longer be boilerplate for organizations that handle consumer data. Although the policies may be viewed by some organizations as an unimportant “box to check,” they are...more

Fisher Phillips

Multi-State Sweep Puts Global Privacy Control in the Spotlight: 5 Steps for Businesses in CA, CO, CT, and Elsewhere

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Officials from California, Colorado, and Connecticut just announced a coordinated investigative sweep targeting companies whose websites may be ignoring automatic opt-out preference signals that users can configure in their...more

Klein Moynihan Turco LLP

Help Ensure Delivery of Your 10DLC Texts with TCR Assistance

Over the past few months, securing approval for listing on The Campaign Registry (“TCR”) has become significantly more difficult. Why? Because virtual phone service providers (“service providers”) continue to update internal...more

Fisher Phillips

Proposed New Jersey Regulations Would Require Major Privacy Compliance Shifts for Businesses

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New Jersey officials recently released proposed privacy regulations that would create several new compliance obligations for businesses above and beyond what existing state law and many other state laws require, meaning you...more

Fisher Phillips

California Proposal to Curb Website Cookie Litigation Stalls for This Year: What 3 Things Should Your Business Do?

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A California bill aimed at curbing the explosion of lawsuits filed against businesses using common website tools like cookies, pixels, and session replay software has stalled out in the 2025 legislative session, meaning your...more

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