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Third-Party Data Privacy Data Collection

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

Baker Botts L.L.P.

CCPA Class Actions Without a Data Breach; Courts Signal a New Litigation Frontier.

Baker Botts L.L.P. on

Two recent decisions from the Northern District of California—Shah v. Capital One Financial Corp., No. 24-cv-05985-TLT, 2025 WL 714252 (N.D. Cal. Mar. 3, 2025), and M.G. v. Therapymatch, Inc., No. 23-cv-04422-AMO, 2024 WL...more

Fisher Phillips

California Court Rejects Attempt to Expand Third-Party Eavesdropping Claims to Internet Communications: How Your Business Can...

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Businesses just received some good news when a federal court dismissed a California Invasion of Privacy Act (CIPA) claim that aimed to expand the reach of the state’s wiretapping law to cover internet communications. The...more

Klein Moynihan Turco LLP

CIPA and CCPA – Worlds Are Colliding!

Topics that we often discuss on this blog are the use of third-party tracking tools and the California Invasion of Privacy Act (“CIPA”). Less discussed of late, however, is the California Consumer Privacy Act (“CCPA”) which,...more

Skadden, Arps, Slate, Meagher & Flom LLP

District Court Rulings Could Signal Expansion of California Consumer Privacy Right of Action

In two recent rulings, judges in the U.S. Northern District of California have allowed proposed class actions under the California Consumer Privacy Act (CCPA) to proceed without an allegation of a data breach, departing from...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

Klein Moynihan Turco LLP

CIPA Claims and GET Requests

While readers of this blog are familiar with the proliferation of California Invasion of Privacy Act (“CIPA”) wiretapping claims, our readers may be less familiar with CIPA-related GET Request claims. Below, we explain what...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

Klein Moynihan Turco LLP

CIPA TikTok Claims

Our readers are well aware of the proliferation of lawsuits alleging California Invasion of Privacy Act (“CIPA”) violations against companies that use third-party tracking technology to collect consumer data on their...more

Klein Moynihan Turco LLP

Can’t Teach An Old Dog New CIPA Claim Tricks

Despite some favorable rulings, lawsuits alleging California Invasion of Privacy Act (“CIPA”) claims against companies that use third-party tracking technology to collect consumer data on their websites show no signs of...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

Klein Moynihan Turco LLP

Federal Wiretapping Claims – The Next Frontier?

Readers of this blog may recall a recent favorable decision handed down by Massachusetts State’s highest court in which it found that Massachusetts Wiretap Act claims (“MWA”) do not extend to consumer interactions with...more

Perkins Coie

Security Breach Notification Chart - November 2024

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Perkins Coie’s Privacy & Security practice maintains this comprehensive chart of state laws regarding security breach notification. The chart is for informational purposes only and is intended as an aid in understanding each...more

Wiley Rein LLP

Litigation Grows Around Website Technologies, With Focus on Sensitive Data

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Data privacy-related lawsuits have skyrocketed in recent years. Federal courts saw over 900 data privacy dockets in 2020 – but witnessed a surge to 1,767 dockets in 2023. At the halfway point in 2024, federal court data...more

Ankura

DHHS OCR and FTC Issue Warning to Hospital Systems and Telehealth Providers Regarding Privacy and Security Risks

Ankura on

On July 20, 2023, the Department of Health and Human Services (DHHS) through the Office of Civil Rights (OCR) and the Federal Trade Commission (FTC) issued a joint letter to hospitals and telehealth providers alerting them to...more

Sheppard Mullin Richter & Hampton LLP

In 2024 Oregon Will Join Short List of States Requiring Data Broker Registration

Oregon recently joined Vermont and California as the third state requiring data broker registration before collecting, selling, or licensing “brokered personal data.” Several types of entities are exempt from the law. These...more

Mintz - Privacy & Cybersecurity Viewpoints

OCR and FTC Issue Joint Statement Warning Health Care Providers and App Developers About Use of Third Party Online Tracking...

Covered entities, business associates, and any entities that collect health information about consumers online should carefully review the latest joint letter from the Office for Civil Rights (OCR) and the Federal Trade...more

Jones Day

Trade Secrets and Generative AI: Protective Measures In an Evolving Technological Landscape

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In Short - The Background: In recent months, artificial intelligence ("AI") platforms have taken the world by storm, introducing new, powerful tools for generating original and useful content based on training data and user...more

Foley Hoag LLP - Security, Privacy and the...

The FTC Outlines What It Sees as “The HIdden Impacts of Pixel Tracking”

In a very comprehensive post from the Federal Trade Commission’s Office of Technology, the FTC takes what it calls “[a] deep dive into the technical side of FTC’s recent cases on digital health platforms, GoodRx &...more

ArentFox Schiff

First BIPA Trial Results in $228M Judgment for Plaintiffs

ArentFox Schiff on

Businesses defending class actions under the Illinois Biometric Information Privacy Act (BIPA) have struggled to defeat claims in recent years, as courts have rejected a succession of defenses. We have been following this...more

Dechert LLP

Dechert Cyber Bits - Issue 20

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Pelosi Statement Dims the Lights on ADPPA - The prospects for the nation’s first comprehensive data privacy law, the American Data Privacy and Protection Act (the “ADPPA” or the “Bill”), dimmed after House Speaker Nancy...more

Wiley Rein LLP

Steps to Take in 2022 To Prepare for New State Privacy Laws

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Privacy In Focus®- The last several years have seen major developments in state privacy laws. While Congress remains gridlocked on the federal privacy front, states enacted omnibus data privacy bills that will impact...more

Bass, Berry & Sims PLC

Key Considerations for Emerging Companies: Privacy

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Data privacy laws can be daunting for emerging companies. The regulatory landscape is constantly evolving and news reports are filled with stories of lawsuits, fines and penalties for non-compliance. With a better...more

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