Consumer Finance Monitor Podcast Episode: Should Section 5 of the FTC Act be Amended to Add a Private Right of Action?
Consumer Finance Monitor Podcast Episode: Challenges of Using the Current Law to Address Dark Patterns, with Guest Gregory Dickinson, Assistant Professor, St. Thomas University
Webinar Recording: An Overview of the American Data Privacy and Protection Act
CF on Cyber: An Update on the Changes to the Florida Telemarketing Act
The landscape of U.S. state data privacy laws in the U.S. has grown increasingly complex in 2024. Seven additional states have enacted comprehensive privacy laws, raising the total number of states having their own privacy...more
The long-awaited amendment provides immediate relief to corporate defendants from business-destroying liability - On August 2, 2024, Senate Bill 2979 went into effect limiting available damages under Illinois’ Biometric...more
Insights for this month’s article are provided by ARDA members Gregory Szewczyk, partner at Ballard Spahr Practice Leader of the firm’s Privacy and Data Security Group, and Aaron Tantleff, partner in Foley & Lardner’s...more
Following the Vermont Senate’s failure to override Governor Phil Scott’s veto of the Vermont Data Privacy Act (VDPA), the much-discussed bill will not be enacted into law – at least in its current form. As passed by the...more
On Thursday, June 13, 2024, Vermont’s Governor Phil Scott vetoed the Vermont Data Privacy Act (H.121) (“VTDPA”), potentially delaying what has been hailed as one of the most robust consumer data privacy laws in the nation....more
Keypoint: The Central District of California issued several wiretapping decisions in May while two decisions on the VPPA illustrate how claims fail or succeed at the pleading stage. Welcome to the fourteenth installment in...more
As Vermont joins the growing number of states with comprehensive consumer data privacy laws, it stands out from the crowd with the ability of Vermonters to bring a private right of action (PRA) against large data holders. In...more
Last week, the Vermont legislature passed H. 121, the Vermont Data Privacy Act. This law will make Vermont the 18th state to grant consumers privacy rights similar to those under the California Consumer Privacy Act (CCPA). It...more
On May 9, Maryland Governor Wes Moore signed the Maryland Online Data Privacy Act (MODPA) into law, making Maryland the 17th state to enact a comprehensive privacy law. Despite its name, MODPA’s coverage is not limited to...more
Last month, two key members of Congress released a draft of the American Privacy Rights Act (“APRA”), comprehensive legislation that would change the landscape of consumer privacy law in the United States. If passed, APRA...more
The U.S. is taking another swing at a federal data privacy law with the American Privacy Rights Act, or APRA. While there’s no guarantee that the APRA will become the law of the land, it’s still worthwhile to study in order...more
On April 12, 2024, the Nebraska Legislature passed the Data Privacy Act (NEDPA), sending the bill to Governor Jim Pillen’s desk for signature. NEDPA adds to the patchwork of state consumer privacy laws in that it does not...more
2023 was a record-breaking year, with legislators in Delaware, Indiana, Iowa, Montana, Oregon, Tennessee and Texas passing comprehensive data privacy laws, joining California, Colorado, Connecticut, Utah and Virginia. Already...more
Earlier this week, the House Committee on Energy and Commerce Chair Cathy McMorris Rodgers (R-WA) and Senate Committee on Commerce, Science and Transportation Chair Maria Cantwell (D-WA) released a discussion draft of the...more
Considering the polarized nature of today's Congress, businesses' antipathy for a broad private right of action, and the states' strong interest in avoiding preemption, it seems unlikely the American Privacy Rights Act will...more
Senator Maria Cantwell (D-Washington) and Representative Cathy McMorris Rodgers (R-Washington) have presented a draft of a federal data privacy law, the American Privacy Rights Act (APRA). APRA would largely preempt the...more
Over the weekend, lawmakers unveiled the latest push for a federal privacy law – the American Privacy Rights Act (APRA). The bill was circulated as a discussion draft by Sen. Maria Cantwell (D-WA), Chair of the Senate...more
The American Privacy Rights Act of 2024 (APRA), a bipartisan and “historic” comprehensive data privacy bill unveiled April 8, 2024, would preempt state data privacy laws and be enforced by the Federal Trade Commission,...more
The American Privacy Rights Act of 2024 would establish a national, comprehensive data protection law unifying US businesses under one standard, preempting the well over a dozen U.S. states with laws already in effect. ...more
This post is part of a series of articles we are doing on 2023 data protection litigation trends. While the California Consumer Privacy Act (CCPA) is most known for its onerous privacy compliance obligations, the law also...more
This post is part of a series of articles we are doing on 2023 data protection litigation trends. Since its enactment in 2008, Illinois’s Biometric Information Privacy Act (BIPA) has produced a wave of privacy-related...more
Looking back sometimes means looking forward. That is absolutely the case for new comprehensive data privacy statutes enacted in a number of U.S. states during 2023, including Indiana, Tennessee, Montana, Florida, Texas and...more
In the wake of the landmark Dobbs v. Jackson Women’s Health Organization decision, state consumer health data laws have emerged as a critical focal point in the rapidly evolving landscape of how consumer health data will be...more
As we enter into the final few months of the year, it is important for companies operating in the United States to not only assess the implementation of the compliance requirements for the four new comprehensive state privacy...more
The Delaware Personal Data Privacy Act (DPDPA or Act) became law on September 11, 2023, making Delaware the 13th state to enact a comprehensive consumer data privacy law, joining California, Virginia, Colorado, Connecticut,...more