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California Attorney General’s First CCPA Settlement Sends Strong “Signals” About Do Not Sell Enforcement

Warning that “[t]here are no more excuses,” California Attorney General on August 24, announced the first public settlement under the California Consumer Privacy Act (CCPA). The settlement order, which the court approved on...more

The FTC’s Privacy Rulemaking: Broad and Far-Reaching, but Unlikely to Lead to a Rule Anytime Soon

On August 11, the FTC finally launched its “commercial surveillance and data security” rulemaking after many months of hype and speculation about the FTC’s ability to address consumer privacy through its “Mag-Moss” rulemaking...more

CFPB Issues Report on the Convergence of Payments and Commerce and its Implication for Consumers

On August 4, 2022, the Consumer Financial Protection Bureau (“CFPB”) issued a report entitled, “The Convergence of Payments and Commerce: Implications for Consumers,” in which it examines the challenges and risks to consumers...more

CPRA Update: California Privacy Protection Agency Votes to Begin Rulemaking Process

On Wednesday, June 8, the California Privacy Protection Agency (CPPA) Board voted 4-0 (with one member absent) to initiate the CPRA rulemaking process based on the draft regulations released on May 27th prior to the Memorial...more

New California Draft Privacy Regulations: How They Would Change Business Obligations and Enforcement Risk

On Friday May 27, 2022, the California Privacy Protection Agency (CPPA) Board announced its next public meeting will be on June 8, 2022. The announcement simply stated the date of the meeting, that there are “some discussion...more

Ten Percent and Rising: Connecticut Becomes Fifth U.S. State to Enact Privacy Law

On Tuesday, Connecticut became the fifth state to pass comprehensive privacy legislation when Governor Ned Lamont signed “An Act Concerning Personal Data Privacy and Online Monitoring” into law. Connecticut joins California,...more

TCPA FCC Petitions Tracker - February 2022

Kelley Drye’s Communications Practice Group presents this tracker of active Telephone Consumer Protection Act (“TCPA”) petitions before the Federal Communications Commission (“FCC”). With the recent increase in litigation...more

ICYMI: Momentum Continues with the Colorado Privacy Act

Last week, the Attorney General Alliance hosted a seminar to address the Colorado Privacy Act (CPA)—what it does and how to prepare for its July 1, 2023 effective date. The seminar featured a discussion with the bill’s...more

Targeted Advertising in the Crosshairs: New Bill Seeks to Ban Many Forms of Targeted Advertising

Background - On Tuesday, Congressional Democrats unveiled a new bill to outlaw a wide swath of targeted advertising. The Banning Surveillance Advertising Act would prohibit ad tech companies from using consumers’...more

Credential Stuffing: Cyber Best Practices from NY Attorney General’s Latest Report

In guidance released last week, the New York State Office of the Attorney General urged businesses to incorporate safeguards to detect and prevent credential-stuffing attacks in their data security programs.  The guidance...more

TCPA FCC Petitions Tracker - December 2021

Kelley Drye’s Communications Practice Group presents this tracker of active Telephone Consumer Protection Act (“TCPA”) petitions before the Federal Communications Commission (“FCC”). With the recent increase in litigation...more

TCPA FCC Petitions Tracker - November 2021

Kelley Drye’s Communications Practice Group presents this tracker of active Telephone Consumer Protection Act (“TCPA”) petitions before the Federal Communications Commission (“FCC”). With the recent increase in litigation...more

TCPA FCC Petitions Tracker - October 2021

Kelley Drye’s Communications Practice Group presents this tracker of active Telephone Consumer Protection Act (“TCPA”) petitions before the Federal Communications Commission (“FCC”). With the recent increase in litigation...more

A New Era for the FTC and U.S. Privacy? House Reconciliation Bill Would Give the FTC $500 Million to Build a New Privacy Bureau.

As we’ve all been following in the news, the House reconciliation bill to fund “human infrastructure” is still mired in negotiations, ever on the verge of either passing to monumental fanfare, or cratering in failure. Tucked...more

GLBA Safeguards Gets a Makeover: Why it Matters for Businesses with Customer Information

In a much-anticipated announcement last week, the FTC amended the Gramm-Leach-Bliley Act (GLBA) Safeguards Rule, and proposed a further amendment requiring certain financial institutions to provide the FTC with notice in the...more

CPRA Update: California Legislature Makes Technical Changes to CPRA

Last week, California’s Governor Gavin Newsom signed into law AB 694, which makes a few technical changes to the California Privacy Rights Act (CPRA). The relevant changes to the CPRA are summarized below....more

Soltani Appointed as Inaugural California Privacy Protection Agency Executive Director

During last month’s California Privacy Protection Agency Board (CPPA) meeting, the only substantive agenda item, addressed in closed session, was a discussion of two key appointments: the first Executive Director and a Chief...more

FTC Chair Khan’s Vision for Privacy (Competition, and Big Tech), and Some Dissents

Last week, we wrote about FTC Chair Khan’s memo describing her plans to transform the FTC’s approach to its work. This week, she followed up with a no-less-ambitious statement laying out her vision for data privacy and...more

“Not Outgunned, Just Outmanned” (For Now): Senate Hearing on Privacy Law Addresses Under-resourced FTC

On September 29, 2021, the Senate Commerce Subcommittee held a hearing titled Protecting Consumer Privacy. The senators addressed the potential $1 billion earmarked to strengthen the FTC’s privacy work, the future of a...more

TCPA FCC Petitions Tracker - September 2021

Kelley Drye’s Communications Practice Group presents this tracker of active Telephone Consumer Protection Act (“TCPA”) petitions before the Federal Communications Commission (“FCC”). With the recent increase in litigation...more

Out with the Old, In with the New SCCs

As of September 27, 2021, the European Commission requires controllers and processors to rely on the recently updated Standard Contractual Clauses (SCCs) for any new contracts governing personal data transfers from the EEA....more

CPRA Update: California Privacy Rulemaking Process Begins

On September 22, the California Privacy Protection Agency (CPPA) issued an invitation for public comments as part of its first “preliminary” rulemaking activities. Established by the California Privacy Rights Act (CPRA)...more

Health and Fitness Apps and IoT Technologies Should Take Note: FTC Expands Interpretation of its Health Breach Notification Rule

In an aggressive expansion of its security and privacy enforcement programs, on September 15, 2021, the FTC issued what it characterized as a “Policy Statement” reinterpreting an old rule about personal health records....more

TCPA FCC Petitions Tracker - August 2021

Kelley Drye’s Communications Practice Group presents this tracker of active Telephone Consumer Protection Act (“TCPA”) petitions before the Federal Communications Commission (“FCC”). With the recent increase in litigation...more

CCPA Update: California AG Releases List of Enforcement Actions 

The California Office of the Attorney General has published a list of recent CCPA enforcement examples on its website. Each example summarizes the AG’s allegation of noncompliance and the steps that the companies took to...more

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