Consumer Finance Monitor Podcast Episode: Should Section 5 of the FTC Act be Amended to Add a Private Right of Action?
Consumer Finance Monitor Podcast Episode: Challenges of Using the Current Law to Address Dark Patterns, with Guest Gregory Dickinson, Assistant Professor, St. Thomas University
Webinar Recording: An Overview of the American Data Privacy and Protection Act
CF on Cyber: An Update on the Changes to the Florida Telemarketing Act
While it rarely rules on questions of preemption, the Ninth Circuit took an even rarer step on July 1, 2024 when it took up the question of whether private parties can seek to enforce the provisions of California’s Sherman...more
Will the U.S. finally join most developed nations and pass a comprehensive federal privacy law? Some believe this may be the year that the U.S. does just that....more
Considering the polarized nature of today's Congress, businesses' antipathy for a broad private right of action, and the states' strong interest in avoiding preemption, it seems unlikely the American Privacy Rights Act will...more
The American Privacy Rights Act of 2024 (APRA), a bipartisan and “historic” comprehensive data privacy bill unveiled April 8, 2024, would preempt state data privacy laws and be enforced by the Federal Trade Commission,...more
The American Privacy Rights Act of 2024 would establish a national, comprehensive data protection law unifying US businesses under one standard, preempting the well over a dozen U.S. states with laws already in effect. ...more
The judgement, which came down last week, exemplifies the risk of biometric information collection in Illinois and the risk that can result from relying solely on third party vendors. On October 12, 2022, a jury found...more
There’s been a lot of buzz in privacy circles in recent weeks over proposed bipartisan federal privacy legislation that has advanced from policy committee and now awaits further action on the floor of the House of...more
On June 3, 2022, a bipartisan group of U.S. Representatives released a discussion draft of a comprehensive federal data privacy bill entitled the American Data Privacy and Protection Act (ADPPA). Though bipartisan compromise...more
On June 14, the U.S. House Committee on Energy and Commerce’s Subcommittee on Consumer Protection and Commerce held a legislative hearing on the American Data Privacy and Protection Act (ADPPA) titled, “Protecting America’s...more
After a stalemate over federal consumer privacy legislation in the past few years, a draft bill was released on June 3 that signals a major step towards bipartisan support for federal consumer privacy legislation. The...more
Last week, Representatives Frank Pallone (D-NJ) and Cathy McMorris Rodgers (R-WA) and Senator Roger Wicker (R-MS) released a draft federal privacy proposal titled the American Data Privacy and Protection Act (ADPPA). ADPPA is...more
Key Points - Three of the four bipartisan leaders of the House and Senate committees with jurisdiction over data privacy have struck a deal on a comprehensive federal bill, the American Data Privacy and Protection Act,...more
Although the U.S. Chamber of Commerce (the Chamber) “strongly urges Congress to pass durable, bipartisan national privacy legislation that protects all Americans equally,” it will “strongly oppose legislation that fails to...more
Since becoming law in July 2021, Florida’s Telephone Solicitation Act (FTSA), Fla. Stat. § 501.059(8)(a), has been a favorite of plaintiffs’ lawyers seeking to take advantage of its ambiguous restrictions on certain sales...more
On September 29, 2021, the Senate Commerce Subcommittee held a hearing titled Protecting Consumer Privacy. The senators addressed the potential $1 billion earmarked to strengthen the FTC’s privacy work, the future of a...more
Despite its antecedents in one of the most widely cited law review articles of all time from more than 130 years ago, modern United States privacy law is roughly twenty years old. Even though still in its relative infancy,...more
With a new presidential administration scheduled to take over in just a few short weeks (as well as a revamped Congress), employers nationwide would be wise to anticipate a continued push for federal consumer privacy...more
In recent days, Congress has introduced two divergent “emergency” bills to address privacy issues arising during the COVID-19 crisis. ...more
On March 13, 2020, Senator Jerry Moran (R-Kansas), Chairman of the Senate Commerce Subcommittee on Consumer Protection, introduced the “Consumer Data Privacy and Security Act of 2020” (the “CDPSA”). The CDPSA joins several...more
- The Washington state Senate has passed its version of a consumer data privacy bill as state lawmakers debate proposed legislation for the Washington Privacy Act, the state’s first data privacy law. - In their own bill,...more
Real Property Update - HOA / Contracts: Trial court erred by entering a post-judgment enforcement order requiring the association to assign its riparian rights to plaintiff pursuant to an enforceable settlement agreement,...more
As class actions brought under Illinois’ Biometric Information Privacy Act (“BIPA”) proceed through litigation, defendants have made a variety of arguments attempting to push courts to define the limits of the somewhat vague...more
In this episode, Akin Gump public law and policy partner Ed Pagano and senior policy advisor Galen Roehl discuss privacy legislation being considered in the U.S. Congress....more
In May of 2018, the European Union enacted the General Data Protection Rules, or GDPR, a legal framework that outlines not only how companies may collect and process personal information of EU residents, but how that data is...more
As many businesses occupy themselves with coming into compliance with the California Consumer Privacy Act (CCPA) before the law’s effective date of January 1, 2020, Congress is renewing discussion of a possible comprehensive...more