GoodRx Faces Million Dollar Proposed Penalty from FTC in First Enforcement Action Under the Health Breach Notification Rule -
Settlement reveals views on application of unfairness authority to sharing of sensitive...more
3/2/2023
/ Artificial Intelligence ,
Biometric Information Privacy Act ,
Breach Notification Rule ,
California Privacy Rights Act (CPRA) ,
Class Action ,
Data Privacy ,
Data Security ,
FCC ,
Federal Trade Commission (FTC) ,
FTC Act ,
Health Insurance Portability and Accountability Act (HIPAA) ,
HIPAA Breach ,
NIST ,
PHI ,
Risk Management ,
Rulemaking Process ,
Settlement ,
VPPA
With the start of the new year, the ArentFox Schiff Metaverse Industry team reviews 10 of the most pressing legal issues for companies in 2023....more
1/31/2023
/ Blockchain ,
CFTC ,
Class Action ,
Compliance ,
Customer-Loyalty Programs ,
Data Privacy ,
Decentralized Autonomous Organization (DAO) ,
Digital Assets ,
DMCA ,
Enforcement ,
Federal Trade Commission (FTC) ,
ICANN ,
Metaverse ,
Non-Fungible Tokens (NFTs) ,
Popular ,
Professional Development ,
Securities Act of 1933 ,
Securities and Exchange Commission (SEC)
The newest old privacy law being weaponized in consumer class actions is the Video Privacy Protection Act (VPPA), a Reagan- era law passed in the wake of Judge Robert Bork’s video rental history being leaked to the...more
The Latest Trends and Developments in the Class Actions World -
Labor & Employment-
Labor and Employment class actions involving contractors are on the rise in California, especially in its $50-plus billion per annum...more
Pandora’s Virtual Try-On Tool Leads to BIPA Class Complaint -
On November 15, 2022, a group of plaintiffs brought a purported class action against Pandora Jewelry LLC, claiming that its virtual try-on tool violates...more
12/12/2022
/ Biometric Information Privacy Act ,
Breach of Contract ,
Cease and Desist Orders ,
Class Action ,
Computer Fraud and Abuse Act (CFAA) ,
Federal Trade Commission (FTC) ,
General Data Protection Regulation (GDPR) ,
Health Insurance Portability and Accountability Act (HIPAA) ,
hiQ Labs Inc v LinkedIn Corp ,
LinkedIn ,
NIST ,
Personal Information ,
SCOTUS ,
Social Media ,
Twitter ,
Virtual Reality ,
Web Scraping
Illinois Biometric Information Privacy Act (BIPA) class action lawsuits were heavily litigated again in 2022, as plaintiffs continued to target companies using biometric technology and their vendors. At the same time,...more
12/12/2022
/ Biometric Information Privacy Act ,
Class Action ,
Corporate Counsel ,
Gramm-Leach-Blilely Act ,
IL Supreme Court ,
Illinois ,
Motion to Dismiss ,
Software ,
Statute of Limitations ,
Student Loans ,
Title V ,
Written Notice
On November 3, 2022, two consumers filed a putative class action complaint against a fast fashion company, claiming that the apparel company’s “Conscious Choice” clothing line deceived consumers into buying products labeled...more
Between consumer demand for more transparency and anticipated 2023 privacy laws, companies may be vulnerable to class action lawsuits. Anthony V. Lupo invites Privacy, Cybersecurity, and Data Protection Partner Eva J. Pulliam...more
10/5/2022
/ Adtech ,
Bots ,
Class Action ,
Consumer Privacy Rights ,
Cookies ,
Data Privacy ,
Fashion Industry ,
Internet Retailers ,
Metaverse ,
Online Advertisements ,
Privacy Laws ,
Privacy Policy
Buying a car has evolved from the days of brick and mortar dealerships to e-commerce, where consumers can select their preferred dealer, reserve, order, finance, and purchase a new or used vehicle in a seamless transaction....more
7/6/2022
/ Augmented Reality ,
Blockchain ,
Class Action ,
Cryptocurrency ,
Cybersecurity ,
False Advertising ,
Federal Trade Commission (FTC) ,
FTC Act ,
Intellectual Property Protection ,
IRS ,
Metaverse ,
Popular ,
Truth in Lending Act (TILA) ,
Virtual Reality
US News -
Utah Will Soon Publish US’s Latest Comprehensive State Privacy Law -
The Utah Consumer Privacy Act, also known as Senate Bill 227, recently cleared the Senate and the House. Though there are a few more steps...more
3/11/2022
/ Biometric Information Privacy Act ,
California Privacy Rights Act (CPRA) ,
Class Action ,
Consumer Privacy Rights ,
Cybersecurity ,
Data Breach ,
Data Protection ,
Data Security ,
Department of Justice (DOJ) ,
Dismissals ,
Enforcement ,
EU ,
European Commission ,
General Data Protection Regulation (GDPR) ,
India ,
New Legislation ,
Oman ,
Popular ,
Privacy Laws ,
Proposed Regulation ,
Settlement ,
State and Local Government ,
State Privacy Laws ,
Wiretapping ,
Workers Compensation Act
The Los Angeles District Attorney’s Office has ordered Kanye West’s Yeezy brand to pay $950,000 to settle a class action lawsuit claiming that the brand’s delayed shipping, and lack of notice thereof, is a violation of...more
11/19/2021
/ Attorney's Fees ,
California ,
Civil Monetary Penalty ,
Class Action ,
False Advertising ,
Injunctive Relief ,
Refunds ,
Restitution ,
Settlement Agreements ,
Shipping ,
Unfair Competition
FCC Seeks Public Comment on the Current and Future Regulation of the “Internet of Things” -
The FCC is requesting public comment in a proceeding that will help determine the scope and nature of regulation of the “Internet of...more
10/13/2021
/ Artificial Intelligence ,
Biometric Information Privacy Act ,
California Consumer Privacy Act (CCPA) ,
Class Action ,
Cybersecurity ,
Data Breach ,
Data Privacy ,
Data Protection Impact Assessments (DPIAs) ,
Enforcement Actions ,
FCC ,
General Data Protection Regulation (GDPR) ,
Hacking Back ,
Internet of Things ,
Malware ,
Mobile Apps ,
NIST ,
Notice of Proposed Rulemaking (NOPR) ,
Opt-Outs ,
Popular ,
Public Comment ,
Securities and Exchange Commission (SEC) ,
Securities Fraud ,
Settlement ,
Software
Second Circuit Denies Settlement of Data Breach Case Due to Lack of Standing -
As we previously reported, in April 2021, the Second Circuit became the latest federal circuit to hold that an individual may establish Article...more
9/23/2021
/ Arbitration ,
Article III ,
Biometric Information ,
Biometric Information Privacy Act ,
California ,
Class Action ,
Data Breach ,
Data Privacy ,
Data Protection ,
Declaratory Judgments ,
Health Care Providers ,
IL Supreme Court ,
Negligence ,
Pipelines ,
Putative Class Actions ,
Ransomware ,
Settlement ,
Standing ,
Unfair Competition ,
Unfair Competition Law (UCL) ,
Virtual Private Networks
In Blackbaud Inc. Customer Data Security Breach Litigation, No. 3:20-mn-02972 (D.S.C. Aug. 12, 2021), a federal judge found that defendant, Blackbaud Inc. was subject to the CCPA despite its motion to dismiss asserting that...more
9/22/2021
/ California ,
California Consumer Privacy Act (CCPA) ,
China ,
Class Action ,
COPPA ,
Cyber Attacks ,
Data Breach ,
Data Collection ,
Enforcement Actions ,
EU ,
Federal Trade Commission (FTC) ,
International Data Transfers ,
Personal Information Protection Law (PIPL) ,
Securities and Exchange Commission (SEC) ,
Settlement ,
Standard Contractual Clauses ,
UK
The Middle District of Pennsylvania recently rejected arguments that a report created in response to a data breach was protected as work-product and/or under attorney-client privilege because:
The report’s Statement of Work...more
A federal district court recently found that a large diet and wellness company likely violated California’s Automatic Renewal Law by failing to send consumers confirmation emails that included specific instructions about how...more
BIPA, the frequently used basis for class action lawsuits in connection with facial recognition, fingerprint, and other technologies is once again serving as the basis for two recently filed suits.
What to Know -
Class...more