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
Relatively few consumer class action cases reach trial; most are settled or resolved through motion practice. The paucity of cases tried to judgment makes it notable when, as in the case discussed here, one goes all the way...more
The long-awaited amendment provides immediate relief to corporate defendants from business-destroying liability - On August 2, 2024, Senate Bill 2979 went into effect limiting available damages under Illinois’ Biometric...more
This post is part of a series of articles we are doing on 2023 data protection litigation trends. While the California Consumer Privacy Act (CCPA) is most known for its onerous privacy compliance obligations, the law also...more
This post is part of a series of articles we are doing on 2023 data protection litigation trends. Since its enactment in 2008, Illinois’s Biometric Information Privacy Act (BIPA) has produced a wave of privacy-related...more
This spring, Utah legislators gave parents new legal tools to control use of social media by children and teens, including introducing a private right of action with statutory damages.To comply, social media companies will...more
The Florida legislature gaveth (to the telemarketing plaintiffs’ bar) in July 2021 when it amended the Florida Telephone Solicitation Act (FTSA). That same state legislature might now taketh away and cure some of the class...more
New York City has set its sights on biometric data protection this summer, passing two laws regulating the use of biometric information within the same month. The New York City Council amended its administrative code on July...more
Litigants spent years fighting over the definition of an Automatic Telephone Dialing System (“ATDS”) under the Telephone Consumer Protection Act (“TCPA”). That fight culminated in this year’s big ATDS defense win in the...more
As we noted in our last post, there has been a flurry of data privacy and security activity in New York, with the State appearing poised to join California as a leader in this space. Most recently, on April 29, 2021, the New...more
This may be the year when the limitation of biometric capture goes national. Right now, companies using biometrics are driven by one state law, but others could soon join....more
Summer in Washington, D.C., is usually a quiet time. D.C.'s summer of 2020 has been anything but quiet, to put it mildly. While there are several existential pulls on our attention this season, we should still take a moment...more
As of January 1, 2020, California became the first state to permit residents whose sensitive personal information is exposed in a data breach to seek statutory damages between $100-$750 per incident, even in the absence of...more
The first wave of California Consumer Privacy Act litigation has begun to roll in, and the complaints are already raising interesting questions about the scope of CCPA’s private right of action. The actions assert a variety...more
Akin Gump cybersecurity, privacy and data protection co-heads Natasha Kohne and Michelle Reed discuss the California Consumer Privacy Act and its implications for business in this episode recorded in mid-March....more
The first post-California Consumer Privacy Act (CCPA) data breach class action was filed on February 3 in the Northern District of California. See Barnes v. Hanna Andersson, LLC , N.D. Cal., Case No. 20-cv-00812....more
The companies Salesforce.com, Inc. and Hanna Andersson, LLC are on the receiving end of a novel lawsuit, which appears to be the very first data breach class action ever filed with alleged violations of the California...more
As of January 1, 2020, California became the first state to permit residents whose personal information is exposed in a data breach to seek statutory damages between $100-$750 per incident, even in the absence of any actual...more
On January 1, 2020, the California Consumer Privacy Act of 2018 (CCPA) went into effect. The CCPA applies to a wide range of companies and broadly governs the collection, use and sale of personal information of California...more
This new year finally brings into effect the California Consumer Privacy Act (CCPA), which provides California consumers with certain rights to how their data is used and collected by businesses. For example, they now have...more
The potential statutory damages under the CCPA dwarf almost every previous large data breach settlement in the United States. To mitigate the risk of this increased exposure, companies need to take key steps to ensure they...more
With less than two months to go before the California Consumer Privacy Act of 2018’s (“CCPA”) effective date of January 1, 2020, businesses should be aware of the potential litigation that awaits them....more
Addressing cybersecurity risks invariably involves very technical matters. As a result, in many companies the IT department has been responsible for developing and implementing cybersecurity plans and procedures....more