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Web Tracking Corporate Counsel

McDermott Will & Emery

New York Attorney General Issues Cookie Guidance and Enforcement Warnings

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On July 15, 2024, the Office of the New York State Attorney General (OAG) published website privacy control guidance focused on cookies and other tracking technologies. The guidance identifies common deficiencies and...more

Baker Botts L.L.P.

Patreon Settles VPPA Lawsuit for $7.2 Million: A Cautionary Tale for Digital Platforms

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Patreon, a popular platform connecting creators with their fans, has recently agreed to a $7.2 million settlement to end a legal battle concerning the Video Privacy Protection Act (VPPA)....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

Husch Blackwell LLP

Privacy Litigation Alert: Two California decisions weigh in on pen registry and “tap and trace” tech claims – but reach different...

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Keypoint: Two California state court decisions have addressed motions to dismiss claims under the novel “pen registry” and “tap and trace” theories, but reached different outcomes after finding different policy considerations...more

Locke Lord LLP

Beware Common Website Technology Tools That Can Lead to Wiretap Claims

Locke Lord LLP on

Knowing how consumers behave while on a website can provide businesses with valuable information. Frequently businesses employ “session replay” tools to analyze what users do on their website. “Session replay” is software...more

Coblentz Patch Duffy & Bass

Plaintiffs Continue Website Privacy Lawsuits Using 35-Year-Old Statute

In 1988, Congress enacted the Video Protection Privacy Act (“VPPA”) in response to the confirmation hearing of Judge Robert Bork, where his video rental history was disclosed during his Supreme Court confirmation hearing....more

Husch Blackwell LLP

Privacy Litigation Update: SDNY Dismisses Video Privacy Protection Act Claim

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Keypoint: The Southern District of New York dismissed a VPPA claim after finding use of the Meta Pixel does not violate the VPPA when used to transmit information about a visitor’s general activity on a webpage, even where...more

Kilpatrick

For Your 2023 Worry List: Anti-Wiretap Class Actions Against Website Operators Surge, But Proper Consent Can Reduce Risk

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Website session replay technology continues to fuel class action litigation alleging violations of anti-wiretap laws in all-party consent states. In 2021, we issued an alert highlighting that session replay lawsuits were...more

Lathrop GPM

Are You Ready For 2023's New Data Privacy Laws?

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California continues to serve as the primary driver of privacy law in the United States, but other state laws now warrant compliance. The California Privacy Rights Act (CPRA), effective January 1, 2023, amends and extends the...more

Pillsbury Winthrop Shaw Pittman LLP

Record €210 Million in Fines for Breach of Cookies and Website Tracking Rules—Note e-Privacy Directive, Not Just GDPR

France’s data protection regulator (the CNIL) said this week it has fined Google and Facebook a combined €210 million for breaches of laws on cookies use and tracking of user online activity. These fines were not under the...more

Pillsbury - Internet & Social Media Law Blog

As European Regulators Take Use of Cookies More Seriously, Here Are the Basics for Compliance

This week the European Data Protection Board (EDPB), a body that represents European data protection authorities, set up a new cookie banner taskforce. The new taskforce will coordinate the response to over 400 complaints...more

Kilpatrick

Data interception class actions – S.D. Fla. dismisses claim that use of session replay software violates Florida Security of...

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Takeaway: As we reported in a recent article – New Class Action Trend: Website Session Replay Tools Alleged to Violate All-Party Consent Recording Requirements (April 5, 2021) – creative class action lawyers have filed a...more

Clark Hill PLC

Monetizing Your Digital Fingerprint: Ninth Circuit Revives Privacy Lawsuit Against Facebook Over User Tracking

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A case pending against Facebook in California is heading back to the Federal District Court for further litigation on the merits. On April 9, 2020, the Ninth Circuit Court of Appeal ruled on plaintiffs’ claims against...more

ArentFox Schiff

Google Provides Restricted Data Processing Setting to Comply with CCPA

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This plan does not take responsibility away from businesses, but provides a way for companies to ensure they are not “selling” data to Google. The definition of “selling” under the CCPA is quite broad and would entail...more

Orrick, Herrington & Sutcliffe LLP

EUR 30,000 For A “Simple Cookie Banner”?!? – Spanish Supervisory Authority Fined For Non-Compliance

The Spanish supervisory authority agencia española protección datos (“Supervisory Authority”) has issued a fine against an airline based on their use of a cookie banner, which the Supervisory Authority considered not to be...more

BakerHostetler

Third Circuit Smacks Down Class Action Settlement in Google Cookie Placement Litigation

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In a refreshingly plain-spoken opinion issued Aug. 6, a three-judge panel of the Third Circuit Court of Appeals criticized a multimillion-dollar class action settlement in litigation over Google’s unauthorized use of internet...more

Sheppard Mullin Richter & Hampton LLP

Behavioral Advertising Company That Dropped “Zombie” Cookies Can’t Use Verizon’s Arbitration Clause To Avoid Class Action Lawsuit

The 9th Circuit Court of Appeals ruled that a non-party online behavioral advertising firm could not benefit from the arbitration clause in the agreement between Verizon and its customers because it was not a party to that...more

Fenwick & West LLP

Litigation Alert: Eleventh Circuit Expands Standing to Bring Video Privacy Protection Act Actions But Also Limits Their Scope

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Last week, the U.S. Court of Appeals for the Eleventh Circuit held that allegations that personally identifiable information was disclosed without consent in violation of the Video Privacy Protection Act were sufficient to...more

Nossaman LLP

Consumer VPPA Class Action Against CNN Dismissed

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The Northern District of Georgia recently granted CNN’s motion to dismiss a consumer class action that alleged CNN committed a violation of the Video Privacy Protection Act (“VPPA”), 18 U.S.C. § 2710. Perry v. Cable News...more

McGuireWoods LLP

Vizio and Google Data Privacy Class Actions Illustrate Risks of Data Collection – And Defensive Value of Robust Disclosures

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Two recent developments in data privacy litigation highlight the continuing challenges to companies that collect internet usage information without clearly disclosing the manner and method in which they are doing so to users....more

Mintz - Privacy & Cybersecurity Viewpoints

Standing Issues Could Still Derail Google Cookie Placement Litigation

In a decision almost a year in the making, the Third Circuit’s recent opinion in In re Google Inc. Cookie Placement Privacy Litig. (3d Cir. Nov. 10, 2015), (“Google”), reversed a trial court order dismissing a lawsuit...more

Mintz

FTC Takes Action Against Retail Tracking Start-Up Nomi Technologies

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On Thursday, April 23, the FTC settled deception charges against start-up Nomi Technologies, Inc. related to Nomi’s in-store, sensor-based, tracking technology.1 This is the first FTC enforcement action against emerging...more

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