Privacy Litigation Trends: Meta Pixels, Cookie Opt-Out, and Sale of Data
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Businesses continue to be subjected to a steady stream of consumer class action lawsuits alleging improper collection or disclosure of information from their websites. A variety of laws and legal claims are used to support...more
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
On July 30, 2024, New York Attorney General Letitia James announced two new privacy guides that could affect your business, a Business Guide to Website Privacy Controls and a Consumer Guide to Web Tracking....more
In a significant move to enhance consumer privacy and promote transparency in digital practices, the New York State Attorney General recently published two critical guides: “Website Privacy Controls: A Guide for Business” and...more
These lawsuits make generalized allegations that business websites use software or tools to collect various types of device and browsing information from website visitors and that businesses then share such information with...more
New York Attorney General Letitia James recently released guidance for businesses and consumers about website tracking technologies. The consumer guide provided examples of common cookies, tracking technologies, and how...more
Recently, the Office of the New York State Attorney General (OAG) issued an advisory warning business that website tracking technology may violate New York consumer protection laws, including the state’s Uniform Deceptive...more
On July 30, 2024, the New York Attorney General Letitia James announced she had completed an investigation into the tracking technology practices of popular websites, and used this to create website privacy guides on online...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
In November of 2023, Meta launched a service in the European Union that allowed users to utilize the Facebook and Instagram platforms “ad free” for a monthly fee. The subscription service was meant to address regulatory...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
Online tracking technologies are used by healthcare and hospital systems throughout the United States to analyze their website traffic, personalize content, and provide relevant information to website visitors, some of whom...more
On June 20, 2024, the United States District Court for the Northern District of Texas ordered the U.S. Department of Health and Human Services, Office for Civil Rights (OCR) to vacate its guidance that had restricted...more
This year, the federal government has made significant changes to longstanding health care privacy rules, while state lawmakers continue to enact privacy restrictions on consumer health data. These reforms modify legal...more
Last week, in a significant win for the American Hospital Association plaintiff, the U.S. District Court for the Northern District of Texas issued an opinion vacating the Department of Health and Human Services’ (“HHS”)...more
Much of the focus on US privacy has been US state laws, and the potential of a federal privacy law. This focus can lead one to forget, however, that US privacy and data security law follows a patchwork approach both at a...more
The U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) has, as part of its mandate, the responsibility to enforce the Health Insurance Portability and Accountability Act (HIPAA) Security Rule....more
Selected U.S. Privacy and Cyber Updates - CISA Posts Notice of Proposed Rulemaking Under CIRCIA - On March 27, 2024, the Cybersecurity and Infrastructure Security Agency (CISA) published a notice of proposed rulemaking (NPRM)...more
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
Cyber, Privacy, and Technology Report - Welcome to your monthly rundown of all things cyber, privacy, and technology, where we highlight all the happenings you may have missed....more
According to Chair Lina Khan, the Federal Trade Commission (“FTC”) recent action against Avast Limited and its subsidiaries for $16.5 million is the “highest monetary remedy in a de novo privacy violation case” and the first...more
The U.S. Department of Health and Human Services Office for Civil Rights (“OCR”) recently released a revised version of its guidance titled “Use of Online Tracking Technologies by HIPAA Covered Entities and Business...more
Changes to guidance are unlikely to mitigate widespread concerns - On March 18, 2024, the U.S. Department of Health and Human Services Office for Civil Rights (OCR) revised its controversial guidance on how HIPAA applies...more
Class-action lawyers are adapting their legal tactics, moving away from suing companies under California's wiretap law and instead focusing on a new legal claim: the pen register theory....more
If you are participating in the digital advertising ecosystem, you likely are hearing a lot about pixels, tags, scripts and SDKs lately. But the terminology can be confusing, and terms are not always used consistently, making...more