News & Analysis as of

Third-Party Service Provider Consumer Privacy Rights

WilmerHale

FTC’s Enforcement Action Against Avast Signals Increased Focus on Consumer Web Data

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The Federal Trade Commission (FTC) has been actively flexing its authority as a privacy regulator in recent months. The agency has been especially focused on identifying data practices it views to be “unfair”, thereby...more

Wiley Rein LLP

10 Things to Know About the APRA – the Latest Federal Privacy Law Effort

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Over the weekend, lawmakers unveiled the latest push for a federal privacy law – the American Privacy Rights Act (APRA). The bill was circulated as a discussion draft by Sen. Maria Cantwell (D-WA), Chair of the Senate...more

White & Case LLP

CCPA Settlement Illustrates Continued Focus on the Sale of Consumer Personal Information

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On February 21, 2024, California Attorney General Rob Bonta ("Cal AG") announced that his office reached a settlement with DoorDash, the food delivery service company, for violating the California Consumer Privacy Act...more

BakerHostetler

And New Jersey Makes 13!

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New Jersey rang in the new year with the signing of a state privacy bill. On Jan. 16, Gov. Phil Murphy signed SB No. 322, stating he was proud that New Jersey had joined the ranks of states with consumer privacy bills....more

Cozen O'Connor

California Appellate Court Greenlights Enforcement of Privacy Regulations

Cozen O'Connor on

Since late June 2023, the California Privacy Protection Agency (CPPA) has been prohibited by court order from enforcing the regulations it finalized on March 29 of last year. According to that ruling, because the text of the...more

Hinshaw & Culbertson - Privacy, Cyber & AI...

Q&A: Four State Data Privacy Compliance Insights for 2024

With the first month of 2024 now behind us, it is time for organizations to start seriously considering key comprehensive state data privacy compliance obligations for 2024. In total, seven states passed data privacy laws...more

Benesch

Privacy Floodgates Open: 13 U.S. State Data Protection Bring About Major Changes

Benesch on

Global Privacy Controls, vendor management, sensitive personal information, and the use of Ad Tech; new U.S. state data protection laws introduce twists to traditional notions of American data protection law. In the U.S.,...more

WilmerHale

Colorado Finalizes Regulations for Colorado Privacy Act

WilmerHale on

On Wednesday, March 15, the Colorado Attorney General’s Office announced the finalization of the Colorado Privacy Act Rules (“Rules”). The Rules implement the Colorado Privacy Act (CPA), a comprehensive privacy law enacted in...more

Spilman Thomas & Battle, PLLC

Cybersecurity Rules and Colleges – Approaching Deadline

With only four months left before most changes to the federal Standards for Safeguarding Customer Information (“Safeguards Rule”) – a component of the Gramm-Leach Bliley Act (“GLBA”) that provides for the protection of...more

Dechert LLP

California AG Throws A Stake in the Ground on “Sales” With $1.2 Million Fine

Dechert LLP on

On August 24, 2022, California Attorney General (“CA AG”) Rob Bonta announced a settlement with Sephora USA, Inc. that includes a $1.2 million fine—the first monetary penalty imposed under the CCPA. The settlement also...more

Seward & Kissel LLP

California Drafts Regulations to Implement the California Privacy Rights Act Imposing New Compliance Requirements for Businesses

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On July 8, 2022, the California Privacy Protection Agency (“CPPA”) published draft regulations in the California Regulatory Notice Register (“Draft Regulations”) mandated by the California Privacy Rights Act (“CPRA”). The...more

McGlinchey Stafford

Congress Introduces the American Data Privacy and Protection Act

McGlinchey Stafford on

On June 23, 2022, Representatives Pallone, Rodgers, Schakowsky, and Bilirakis introduced the American Data Privacy and Protection Act, HR 8152. This Act represents an effort to create a comprehensive federal privacy law. ...more

Fox Rothschild LLP

To Clarify the Meaning CCPA, CPPA Issues Initial Statement of Reasons for New Regs

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“Businesses, service providers, and contractors are to comply with not just the letter of the (California Consumer Privacy Act), but the spirit of the law.” That is according to a new Initial Statement of Reasons issued...more

Burr & Forman

Copycat Case Considers and Rejects Eleventh Circuit FDCPA Ruling

Burr & Forman on

The latest update surrounding Hunstein v. Preferred Collection and Management Services, Inc., Case No. 19-14434 centers not on the Eleventh Circuit or the Hunstein decision itself but on the district courts nationwide that...more

Womble Bond Dickinson

Recreational DNA Industry May Take Liberties With Consumer Data

Womble Bond Dickinson on

Companies collecting consumer DNA for non-medical purposes seem to be playing fast and loose with their customers’ data, according to a well-regarded consumer watchdog. This category of private money makers, which could...more

Wyrick Robbins Yates & Ponton LLP

To-Do in 2022: Top 5 Data Protection Contracting Tasks

Since 2018, a consistent stream of newly adopted privacy laws and other regulatory developments (such as GDPR, CCPA, Schrems II, and the new EU Standard Contractual Clauses) has required companies to make regular updates to...more

Burr & Forman

Eleventh Circuit Withholds Mandate in Hunstein v. Preferred Collection and Management Services, Inc.

Burr & Forman on

On June 14, 2021, the Eleventh Circuit Court of Appeals issued a one-line order stating that the Court was withholding issuance of the mandate in Hunstein v. Preferred Collection and Management Services, Inc....more

Adams and Reese LLP

Eleventh Circuit Renews the FDCPA as a Consumer Privacy Statute; Deals Major Blow to Debt Collection Services Industry

Adams and Reese LLP on

Does the federal Fair Debt Collection Practices Act (the FDCPA) apply to communications between a debt collector and its vendors? And, is the FDCPA a consumer privacy statute?  In an apparent issue of first impression, the...more

Spirit Legal

[Webinar] US Privacy Laws for German Businesses - June 30th, 3:30 pm CET

Spirit Legal on

First we take Sacramento, then we take Berlin: How do US data protection laws affect how you do business. The webinar is aimed at in-house or outside counsel, as well as data protection and compliance officers. In this...more

Bradley Arant Boult Cummings LLP

Steps for Proactive CPRA Compliance

California voters signaled that privacy is a top priority by overwhelmingly approving Proposition 24 on Nov. 3, 2020—the California Privacy Rights Act (CPRA). The CPRA amends and significantly strengthens the recently enacted...more

Ervin Cohen & Jessup LLP

Can Companies Be Liable If Third-Party Contractors Suffer Data Breaches?

The California Consumer Privacy Act became effective on Jan. 1. Included among its provisions is the grant of a private right of action on behalf of any consumer “whose nonencrypted and nonredacted personal information…is...more

Troutman Pepper

California Consumer Privacy Act Enforcement Series: Treating the CCPA Like a Check-the-Box Exercise

Troutman Pepper on

Enforcement of the California Consumer Privacy Act (CCPA) began July 1, 2020. Our privacy team at Troutman Pepper includes several attorneys who worked in an attorney general’s office. This privacy regulatory team has...more

BCLP

If a business collects personal information on behalf of another business (e.g., a call center, an investigator, or an independent...

BCLP on

No. Under the final regulations promulgated by the California Attorney General, where a business collects information as a service provider for another business, the service provider has no obligation to present its...more

Ervin Cohen & Jessup LLP

California Consumer Privacy Act: Service Providers

Part three of this CCPA client alert series focuses on the obligations for service providers pursuant to the CCPA. The California Consumer Privacy Act of 2018 (the “CCPA”) and the related proposed Attorney General...more

BCLP

Do companies have to “flow down” access requests to service providers?

BCLP on

Probably. When a business receives a request from a consumer to access the personal information that the business has “collected,” it must decide whether to grant the request or to deny it based upon one of the exceptions...more

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