News & Analysis as of

Rulemaking Process Consumer Privacy Rights

Orrick, Herrington & Sutcliffe LLP

CFPB withdraws its proposed rule on data brokers

On May 15, the CFPB published a Federal Register notice withdrawing its proposed rule on Protecting Americans from Harmful Data Broker Practices (Regulation V). The Bureau decided that this rulemaking was not necessary at...more

Wilson Sonsini Goodrich & Rosati

CPPA Board Grapples with Public Concerns: Key Updates on Upcoming AI, Risk Assessment, and Cybersecurity Regulations

On April 4, 2025, the California Privacy Protection Agency (CPPA) Board met to discuss the latest draft California Consumer Privacy Act (CCPA) regulations related to cybersecurity audits, risk assessments, automated...more

BakerHostetler

More Scrutiny of California Data Brokers

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As with many other areas of privacy law, it is not surprising that California continues to lead the nation in regulating data brokers – from promulgating new regulations to issuing a cluster of recent settlements. ...more

Clark Hill PLC

How to Explain Automated Decisions: Recent CJEU Decision and CPPA Rulemaking Offer Insight into ADM Explainability

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Automated decision-making, or ADM, is used for a wide range of use cases that impact individuals — from processing insurance claims and credit scoring, to ranking job candidates and offering personalized pricing or targeted...more

Parker Poe Adams & Bernstein LLP

State Data Privacy Regulators: New Initiatives and Developments Impacting Companies

Comprehensive state privacy laws often task a state regulator to promulgate accompanying regulations that clarify the law’s requirements and to enforce the law by providing further guidance through its enforcement actions....more

Ballard Spahr LLP

CFPB extends comment period for data broker NPRM

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The CFPB has extended the comment period for its Notice of Proposed Rulemaking on data brokers until April 2, 2025; the comment period had been slated to expire on March 3, 2025....more

Wiley Rein LLP

Wiley Consumer Protection Download (February 12, 2025)

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Welcome to Wiley’s update on recent developments and what’s next in consumer protection at the Consumer Financial Protection Bureau (CFPB) and Federal Trade Commission (FTC). In this newsletter, we analyze recent regulatory...more

Ballard Spahr LLP

Financial Services trade groups call on CFPB to abandon its data broker proposed rule

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Seventeen financial services trade groups are calling on the CFPB to abandon its plan to amend rules under the Fair Credit Reporting Act (FCRA) to vastly expand the scope of the FCRA by redefining what a “consumer report” is...more

Moritt Hock & Hamroff LLP

11th Circuit Vacates FCC’s TCPA 1:1 Consent Rule

In an eleventh-hour play, on January 24, 2025, the Eleventh Circuit issued a decision that vacated the Federal Communication Commission’s (FCC) One-to-One Consent Rule, which was all set to go into effect on January 27, 2025....more

Wiley Rein LLP

What Just Happened at the FTC and CFPB: Wiley Consumer Protection Download (January 24, 2025)

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In the two weeks before Inauguration, both the Consumer Financial Protection Bureau (CFPB) and Federal Trade Commission (FTC) released a flurry of rulemaking developments, policy announcements, and enforcement filings and...more

K&L Gates LLP

What the Future May Hold for the Consumer Financial Protection Bureau's Open Banking Rule

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Will the Consumer Financial Protection Bureau’s (CFPB) recently promulgated open banking rule survive under the new Congress and incoming presidential administration? Two upcoming proceedings may hold the answer....more

Ballard Spahr LLP

CFPB proposes rule to ban consumer contract terms bureau says limit ‘fundamental freedom’

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The CFPB has published a proposed rule that would ban companies from using contract clauses that the bureau said limit fundamental freedom, including those that waive a consumer’s legal rights and fine print that suppresses...more

Akin Gump Strauss Hauer & Feld LLP

CPPA Opens Public Comment Period for Proposed AI Regulations

The California Privacy Protection Agency (CPPA) announced the formal public comment period for its latest proposed rulemaking package, which includes updates to existing regulations and introduces new guidelines for automated...more

Shook, Hardy & Bacon L.L.P.

California Jumps Into Privacy Rulemaking (Again)

The California Privacy Protection Agency (CPPA) is starting formal rulemaking (again) as they move beyond the pre-rulemaking drafts that were debated for a little over a year. During their November 8, 2024, board meeting, the...more

Flaster Greenberg PC

The Shifting Landscape of U.S. State Data Privacy Laws in 2024

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The landscape of U.S. state data privacy laws in the U.S. has grown increasingly complex in 2024. Seven additional states have enacted comprehensive privacy laws, raising the total number of states having their own privacy...more

Sheppard Mullin Richter & Hampton LLP

Reminder: FTC Safeguards Rule Notification Requirement Now In Effect

On May 13, the FTC’s amendment to the Safeguards Rule relating to the reporting of data breaches and security incidents, which were announced in October of 2023, became effective. As a reminder, the FTC’s Safeguards Rule...more

Bradley Arant Boult Cummings LLP

FTC Bureau of Consumer Protection Remarks Compare Lessons Learned from Consumer Credit as a Model for Regulating Privacy

In the middle of the 20th century, there was a massive expansion of the retail credit market. Everything from boats to sewing machines to kitchen appliances were bought and sold through increasingly complex credit...more

Robinson+Cole Data Privacy + Security Insider

California Privacy Protection Agency Launches New Website with Privacy Rights Resources

Last week, the California Privacy Protection Agency (CPPA) launched a new website dedicated to providing resources to California residents about their privacy rights under the California Consumer Privacy Act (CCPA). The...more

Robinson+Cole Data Privacy + Security Insider

CPPA Proposes More Revisions to CCPA

The California Privacy Protection Agency (CPPA) recently met to discuss automated decision-making technology, privacy risk assessments and cybersecurity audits under the California Consumer Privacy Act (CCPA) as amended by...more

Davis Wright Tremaine LLP

Florida Digital Bill of Rights Signed Into Law

The Florida Digital Bill of Rights (FDBR) was signed into law by Governor Ron DeSantis on June 6, 2023, making Florida the tenth state to enact a consumer data privacy law along with California, Virginia, Colorado,...more

Eversheds Sutherland (US) LLP

California’s CPRA rulemaking focuses in on automated decision-making tools

On March 27, 2023, the California Privacy Protection Agency (CPPA) will close its second phase of rulemaking on automated decision-making (ADM) systems under the California Privacy Rights Act (CPRA)— but not before giving...more

Sheppard Mullin Richter & Hampton LLP

CPRA Update: Moving Toward Finalization

The California Privacy Protection Agency (CPPA) Board recently met and unanimously voted to finalize the proposed final CPRA regulations. This approved version was first released in January and updated those released in...more

WilmerHale

Colorado Holds Rulemaking Hearing and Modifies Proposed Rules for the Colorado Privacy Act

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On February 1, the Colorado Attorney General’s (AG) Office and the Colorado Department of Law (the “Department”) held a rulemaking hearing on the Proposed Draft Rules for the Colorado Privacy Act (CPA), which goes into effect...more

Skadden, Arps, Slate, Meagher & Flom LLP

Privacy & Cybersecurity Update - November 2022

In this month’s Privacy & Cybersecurity Update, we examine the California Privacy Protection Agency’s revised draft regulations for the California Privacy Rights Act, the Federal Trade Commission’s settlement with a...more

BakerHostetler

CCPA/CPRA Rulemaking Update: What to Expect

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The California Privacy Protection Agency (“CPPA” or the “Agency”) published on November 3, 2022, a Public Notice of Proposed Modifications and Additional Materials Relied Upon, which starts what we hope is the last round of...more

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