News & Analysis as of

Third-Party Consent

Venable LLP

Retailer Todd Snyder Fined for CCPA Violations Related to Opt-Out Compliance, Vendor Management, and Data Collection

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Another month brings another California Privacy Protection Agency (CPPA) enforcement action, the agency's second enforcement action under the California Consumer Privacy Act (CCPA)....more

Seyfarth Shaw LLP

CPPA Underscores That Businesses Own CCPA Compliance – Even When Privacy Management Tools Fail

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The California Privacy Protection Agency (“CPPA”) has made it abundantly clear: privacy compliance isn’t just about publishing the right disclosures – it’s about whether your systems actually work. On May 6, the agency fined...more

Mintz - Privacy & Cybersecurity Viewpoints

Technical CCPA Violations Result in $345,178 Fine from California Privacy Protection Agency

The California Consumer Privacy Protection Agency (CPPA) Board has issued a Stipulated Final Order against Todd Snyder, Inc., a clothing retailer, ordering Todd Snyder to pay a $345,178 fine and implement various changes to...more

Maynard Nexsen

CPPA Enforcement Action Against Retailer for Failing to Monitor Cookie Consent and Requiring Excessive Verification Information...

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On May 6, the California Privacy Protection Agency (CPPA) issued a decision requiring national clothing retailer Todd Snyder, Inc. to change its business practices and pay a $345,178 administrative fine....more

Benesch

Tracking Technology Trouble: Shah v. Capital One Deepens Legal Risk Under CCPA and CIPA

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In Shah v. Capital One Financial Corporation, the Northern District of California handed down a ruling that may shape the trajectory of litigation involving tracking technologies, online privacy policies, and California’s...more

Klein Moynihan Turco LLP

Use of Tracking Tools Requires Notice and Consent!

When browsing the internet, consumers are accustomed to being presented with advertisements for products for which they previously had searched. Through use of third-party tracking tools, companies are able to monitor visitor...more

Klein Moynihan Turco LLP

Pennsylvania Wiretap Claim Dismissed

An oft-discussed topic on this blog is the rise in lawsuits asserting illegal wiretapping claims against companies that use technology on their websites to track consumer interactions. Recently, a Pennsylvania federal judge...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

California Workplace Safety Update: OSHAB Holds Employer Can Impliedly Consent to Inspection

In a significant decision regarding workplace inspections, the California Occupational Safety and Health Appeals Board (OSHAB) upheld citations against a California employer after finding the employer had consented to an...more

Goodwin

AI Voice Products Subject to California Invasion of Privacy Claims

Goodwin on

As the debate simmers about the proper application of the wiretapping provisions of the California Invasion of Privacy Act (CIPA), courts continue to weigh in on what technologies may constitute improper third-party...more

Husch Blackwell LLP

U.S. Privacy Litigation Update: January 2025

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Welcome to the twentieth installment in our monthly data privacy litigation report. We prepare these reports to provide updates on how courts in the United States have handled emerging data privacy trends. After our expansive...more

Husch Blackwell LLP

Texas Files First Privacy Law Enforcement Action

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On January 13, 2025, Texas Attorney General’s Office filed its first lawsuit enforcing the Texas Data Privacy and Security Act (“TDPSA”). The law went into effect on July 1, 2024. The complaint also states claims under Texas’...more

MoFo Tech

Dirty Data Damaging Deals – Data Issues in AI M&A

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2024 saw strong interest in M&A involving companies that use or develop AI offerings. The rise of AI has brought new issues for dealmakers. In particular, 2024 also saw regulators focusing further on the collection and use of...more

Troutman Pepper Locke

New York Federal Court Certifies TCPA Class Where Phone Numbers Were Obtained Through a Third-Party Website

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In Aley v. Lightfire Partners, LLC, a U.S. District Court in the Northern District of New York certified aa Telephone Consumer Protection Act (TCPA) class action for all persons whose telephone numbers were on the National Do...more

Klein Moynihan Turco LLP

Medicare One-to-One Consent Rules Go Into Effect October 1!

Readers of this blog are aware of the fact that, beginning on October 1, 2024, the Medicare one-to-one consent rules will go into effect – requiring Third Party Marketing Organizations (“TPMOs”) who engage in Medicare-related...more

Womble Bond Dickinson

Calhoun v. Google - Continued Considerations for Privacy Notices

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Website owners often struggle to design privacy policies that are not only comprehensive, but also comprehensible. The tension between these competing concerns was in sharp focus in a recent Ninth Circuit decision, Calhoun v....more

Hinch Newman LLP

Recent FTC Settlement a Reminder of Agency Focus on Disclosing Health Information to Third-Parties

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On April 11, 2024, the Federal Trade Commission announced that it has banned an alcohol addiction treatment firm from disclosing health data for advertising purposes in order to settle agency charges that the company shared...more

Robinson+Cole Data Privacy + Security Insider

Federal Trade Commission Continues to Target Healthcare Companies for Unauthorized Data Disclosures

The Federal Trade Commission (FTC) has assumed the authority to enforce unauthorized data disclosures under the Federal Trade Commission Act (FTC Act). During the past three weeks, the FTC has used this authority to go after...more

Klein Moynihan Turco LLP

FCC Fines Major Wireless Carriers For Data Privacy Violations

On April 29, 2024, the Federal Communications Commission (“FCC”) announced that it had fined the nation’s largest wireless carriers a total of $196 million for violating consumer data privacy rights. AT&T, Sprint, T-Mobile...more

Robinson+Cole Data Privacy + Security Insider

FCC Fines Wireless Carriers $200M for Sharing Location Data with Third Parties

The Federal Communications Commission (FCC) has announced that it has levied almost $200 million in fines against “the nation’s largest wireless carriers for illegally sharing access to customers’ location information without...more

Husch Blackwell LLP

U.S. Privacy Litigation Update: February 2024

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Keypoint: Courts continue to issue conflicting decisions in wiretapping cases while one court has expanded who may be considered a “video tape service provider” under the VPPA. Welcome to the eleventh installment in our...more

Sheppard Mullin Richter & Hampton LLP

FDIC Issues Consent Order Against Tennessee Bank

On January 30, a Tennessee-based community bank entered into a consent order with the Federal Deposit Insurance Corp. following the agency’s allegations that the Bank engaged in unsafe or unsound banking practices relating to...more

Esquire Deposition Solutions, LLC

Wisconsin Lawyers May (But Shouldn’t) Secretly Record Others

In an age when nearly everyone carries on their person a tiny recording device in the form of a smartphone, the question of whether it is lawful to surreptitiously record conversations with others comes up often. One never...more

Bradley Arant Boult Cummings LLP

Breaking Down The New FCC Lead Generation Rules

On Dec. 13, 2023, in a 4-1 vote, the Federal Communications Commission finalized new rules to close the so-called lead generator robocall and robotexts loophole, marking a significant paradigm shift in lead generation...more

Hinch Newman LLP

FTC Advertising Law Alert: Proposed Revisions to the COPPA Rule

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The Children’s Online Privacy Protection Rule requires operators of websites and online services that are directed to children under 13 years of age, or that have “actual knowledge” they are collecting personal information...more

Husch Blackwell LLP

CPPA Publishes Proposed Revisions to CCPA Regulations

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Keypoint: The Agency proposed more revisions to the CCPA regulations for consideration at the December 8 board meeting. On December 1, 2023, the California Privacy Protection Agency (Agency) published proposed revisions to...more

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