Privacy Litigation Trends: Meta Pixels, Cookie Opt-Out, and Sale of Data
No Password Required: The Philosopher CISO of Tallahassee Who Lives to Help Other People
Der gläserne Leser - Wie Tracking-Dienste Leser von E-Books analysieren
E8: Interview with Cookiebot CEO on Technical Solutions to GDPR Readiness
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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