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K&L Gates LLP

CPPA Announces Enforcement Action Against Automaker

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On 12 March 2025, the California Privacy Protection Agency (CPPA) settled with an automaker that allegedly violated various aspects of the California Consumer Privacy Act (CCPA). This first-of-its-kind settlement for the...more

WilmerHale

2024 Year in Review: Video Privacy Protection Act Litigation Trends

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The Video Privacy Protection Act (“VPPA”), a federal statute enacted in 1988, is gaining new relevance in recent years as plaintiffs bring lawsuits with the goal of enforcing online privacy rights. 2024 saw a continuation of...more

Husch Blackwell LLP

U.S. Privacy Litigation Update: Holiday Edition (October, November, & December 2024)

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Welcome to the nineteenth 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. We are covering...more

Jackson Lewis P.C.

Tips for Vacation Rental, Property Mgmt. Businesses Facing Vendor Cybersecurity Risk

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No organization can eliminate data breach risks altogether, regardless of industry, size, or even if the organization has taken significant steps to safeguard their systems and train employees to avoid phishing attacks....more

Bricker Graydon LLP

Oh My Gourd, Another Data Privacy Law?! 

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In 2018, there were two comprehensive state data privacy bills introduced across the United States and a whopping zero were in effect. Fast forward six years and there have been 41 new data privacy bills considered this year...more

BakerHostetler

DSIR Deeper Dive: Tracking the Crackdown on Tracking/Pixel Technologies: Web Litigation and Regulatory Landscape - Part 2

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In the first part of this blog post, we looked into the OCR and FTC’s focus on third-party tracking technologies. We also reviewed the AHA Lawsuit and its impact for the use of tracking technologies. In this blog post, we...more

Constangy, Brooks, Smith & Prophete, LLP

FTC amendments to Health Breach Notification Rule are now in effect

On April 24, the Federal Trade Commission announced that it had finalized changes to its Health Breach Notification Rule - to address emerging technologies. Specifically, the Rule was broadened to (1) apply to entities not...more

Alston & Bird

U.S. Court Rules Against Online Travel Booking Company in Web-Scraping Case

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On July 18, 2024, a federal jury in Delaware found that an online travel booking company violated the Computer Fraud and Abuse Act (CFAA) by accessing portions of a European airline’s website without permission and “with...more

Greenberg Glusker LLP

Best Practices for Apps & Websites to Avoid Claims Under the California Invasion of Privacy Act (CIPA)

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Amid little clarity from courts, wiretap claims targeting the use of data analytics tools are becoming increasingly common. Here are ways to stay compliant and avoid costly litigation....more

BakerHostetler

Steering into Dark Patterns

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Sometimes you hear grumbling that Leap Day shouldn’t mean an extra day of work – but not at the CFPB. The agency celebrated Feb. 29 this year by issuing guidance regarding “steering.”...more

Legal Internet Solutions Inc.

How to Budget for Your Law Firm’s Website Project

Fall is here! Along with the new season, I look forward to the leaves changing, sweater weather, and budget season for your law firm! Maybe it’s overwhelming, but it’s also a little exciting to think about what you can...more

Nutter McClennen & Fish LLP

BJ’s Wholesale Club Loses Bid to Dismiss Complaint Alleging Massachusetts State Law Claims for Wiretap Violations and Invasion of...

Joe Alves filed a class-action complaint against BJ’s Wholesale Club, alleging that BJ’s uses computer code, called Session Replay Code (SRC), to secretly record consumer activity on BJ’s website. Alves claims that BJ’s...more

BCLP

VPPA Trends: Considerations for Limiting Exposure

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In recent months, organizations have been dealing with an emerging wave of lawsuits from an unexpected source: the VPPA. The Video Privacy Protection Act (“VPPA”), originally intended to prevent “wrongful disclosures” of...more

Goodwin

California Invasion of Privacy Act (CIPA) Decisions Continue to Create Uncertainty for Websites Using Third-Party Technology

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The pace of internet consumer privacy class action litigation is skyrocketing. Remarkably, no specific legislative change in the law triggered the increase in litigation. Instead, the driver of this litigation explosion — in...more

Health Care Compliance Association (HCCA)

Privacy Briefs: April 2023

Personal information from federal lawmakers and congressional staff members was available on the dark web following a breach of DC Health Link, the health insurance marketplace for Washington, D.C. In an internal memo sent to...more

Polsinelli

Will a New Wave of Lawsuits Roll Into a Nationwide Tsunami? Wiretapping Litigation for Website Analytics

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2022 has seen a new wave of class action lawsuits targeting companies that use technology to track consumers’ interfaces on their websites. These lawsuits generally allege that the use of technologies such as session replay...more

BCLP

Is your website violating California's Wiretap Act?

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Retailers, financial services firms, and many other companies utilize third party session replay software to maintain a record of interactions with visitors to their websites for a variety of useful purposes, including to...more

Partridge Snow & Hahn LLP

Bringing Your Business Online: Written Information Security Programs (WISPs)

The current COVID-19 pandemic has forced many businesses online in order to survive. In many cases, businesses had no plans to be online. Others were forced to move online more quickly than planned. In order to assist these...more

BCLP

What concerns have been raised with the IAB’s Do Not Sell Framework?

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The Interactive Advertising Bureau (“IAB”) is a trade association comprised of companies that participate in digital marketing; its members include both media companies and advertising technology companies.  In October of...more

Akin Gump Strauss Hauer & Feld LLP

New Nevada Privacy Law Takes Effect in October - Comparison of Nevada Law to CCPA

On May 29, 2019, Nevada’s governor approved a new privacy law, Senate Bill 220 (“SB 220”). SB 220 amends existing state law that requires operators of websites and online services (“Operators”) to post privacy notices on...more

Proskauer - New Media & Technology

Filtering Actions by Anti-Malware Software Provider Protected by CDA “Good Samaritan” Immunity

Three recent court decisions affirmed the robust immunity under the Communications Decency Act (CDA), 47 U.S.C. §230(c), for online providers that host third-party content: the Second Circuit’s decision in Herrick v. Grindr...more

Perkins Coie

European Parliament Approves Amendments to Draft “Terrorist Content” Legislation

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The European Parliament approved several amendments to the European Commission’s proposed Regulation on preventing the dissemination of terrorist content online on April 17, 2019. The Regulation requires, among other things,...more

Foley & Lardner LLP

Website Accessibility Issues for Employers

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A recent trend in suits filed under the Americans with Disabilities Act of 1990 (ADA) and the Rehabilitation Act of 1973 (Rehabilitation Act) includes claims for website accessibility. A number of entities have received...more

Stinson LLP

Financial Institutions' Consumer Data Exposed in Web Platform Vulnerability

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Banks and other financial institutions rely on a relatively small number of core service providers to process customer personal and financial information. The National Association of Federally-Insured Credit Unions (NAFCU)...more

Proskauer - New Media & Technology

New York Court Rebuffs Ninth Circuit’s Copyright “Server Test,” Finds Embedded Tweet Displaying Copyrighted Image to Be...

A New York district court recently held that a host of online news publishers and media websites that embedded certain tweets (containing unauthorized uploads of plaintiff’s copyrighted photo) on their websites violated the...more

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