On Friday, February 9, as the country collectively packed up and prepared to head home for Super Bowl weekend, the Third Appellate District of the California Appellate Court issued an Order granting the California Privacy...more
The Board of the California Privacy Protection Agency (the CPPA) held its first meeting since July on Friday, September 8, 2023, and discussed the first public draft of cybersecurity audit regulations and risk assessment...more
9/27/2023
/ Audits ,
Automated Decision Systems (ADS) ,
California ,
California Privacy Protection Agency (CPPA) ,
California Privacy Rights Act (CPRA) ,
Cybersecurity ,
Data Privacy ,
Data Security ,
Regulatory Requirements ,
Reporting Requirements ,
Risk Assessment
This year’s news has been full of stories about “generative” artificial intelligence (AI) applications. Generative AI tools create code, text, images, and other content in response to text prompts, queries, and other inputs....more
6/15/2023
/ Acceptable Use Policy ,
Artificial Intelligence ,
Compliance ,
Data Privacy ,
Data Security ,
Ethics ,
Infringement ,
Machine Learning ,
New Regulations ,
Risk Management ,
Third-Party
The Federal Trade Commission (FTC) recently announced a notice of proposed rulemaking to expand its “Negative Option Rule” to apply to all recurring subscription programs (Proposed Amendment). The Proposed Amendment would...more
After years out of circulation, class-action lawsuits asserting claims under the Video Protection Privacy Act (VPPA) are now back in reruns. But early critical assessment is mixed, so it remains to be seen whether VPPA-driven...more
California has the most comprehensive privacy law in the United States. The California Consumer Privacy Act (CCPA) went into effect on January 1, 2020, and regulates any “business” that does business in California. The CCPA...more
5/16/2022
/ Business Litigation ,
California ,
California Consumer Privacy Act (CCPA) ,
Class Action ,
Consumer Privacy Rights ,
Data Collection ,
Data Privacy ,
New Legislation ,
Privacy Laws ,
Proposed Legislation ,
Settlement ,
State Privacy Laws
In Facebook, Inc. v. Duguid et al., the U.S. Supreme Court overturned the U.S. Court of Appeals for the Ninth Circuit’s interpretation of the Telephone Consumer Protection Act’s (TCPA) definition of “automatic telephone...more
It’s a new year and it looks like 2021 is going to be another eventful one for privacy. In the past few weeks, we’ve seen several states introduce new privacy legislation, starting with Washington. On January 5, the...more
1/28/2021
/ Biometric Information Privacy Act ,
California Consumer Privacy Act (CCPA) ,
Consumer Privacy Rights ,
Coronavirus/COVID-19 ,
Data Collection ,
Data Privacy ,
Enforcement Actions ,
General Data Protection Regulation (GDPR) ,
New Legislation ,
Personal Data ,
Privacy Laws ,
Private Right of Action ,
State and Local Government
While privacy laws are proliferating globally, the California Consumer Privacy Act (CCPA) is California’s comprehensive and landmark legislation that seeks to give California consumers expanded rights to learn about and...more
9/23/2019
/ Amended Legislation ,
B2B Organizations ,
B2B Transactions ,
California Consumer Privacy Act (CCPA) ,
Consumer Privacy Rights ,
Data Collection ,
Fair Credit Reporting Act (FCRA) ,
Governor Newsom ,
Opt-Outs ,
Personally Identifiable Information ,
Privacy Laws ,
Private Right of Action
Beyond preparing for this year’s holiday rush, retailers around the country have started thinking about potential changes to their operations in response to California’s sweeping new consumer privacy law. The California...more
10/26/2018
/ California Consumer Privacy Act (CCPA) ,
Consumer Privacy Rights ,
Cybersecurity ,
Data Collection ,
Data Privacy ,
Data Protection ,
Disclosure Requirements ,
Opt-Outs ,
Personally Identifiable Information ,
Privacy Laws ,
Privacy Policy
On June 28, 2018, California adopted the strictest general privacy and data security law in the country, called the “California Consumer Privacy Act” (codified in Assembly Bill 375), which will come into effect on January 1,...more
7/2/2018
/ Consumer Protection Laws ,
Data Collection ,
General Data Protection Regulation (GDPR) ,
Governor Brown ,
Notice Requirements ,
Opt-Outs ,
Personal Data ,
Personally Identifiable Information ,
Portability ,
Right to Be Forgotten ,
State and Local Government
Last Friday, the U.S. Court of Appeals for the District of Columbia Circuit (D.C. Circuit) issued its long-awaited decision in ACA International v. Federal Communications Commission, No. 15-1211 (D.C. Cir. Mar. 16, 2018). The...more
From fashion clothing in the mail to gym memberships to monthly mobile app subscriptions, the subscription-based business model is everywhere and here to stay. As more companies adopt this model, states around the country...more
10/20/2017
/ Auto-Renewal ,
Choice-of-Law ,
Disclosure Requirements ,
Good Faith ,
Internet Retailers ,
Limitation of Liability Clause ,
Mandatory Arbitration Clauses ,
State and Local Government ,
Subscription Services ,
Terms and Conditions ,
Unfair Competition Law (UCL)
The National Highway Traffic Safety Administration (NHTSA) has issued a comprehensive policy on “automated vehicles,” more commonly known as self-driving cars. Part of the U.S. Department of Transportation, NHTSA is the...more
10/3/2016
/ Auto Insurance ,
Automotive Industry ,
Comment Period ,
Connected Cars ,
Covered Entities ,
Cybersecurity ,
Data-Sharing ,
Department of Transportation (DOT) ,
Driverless Cars ,
Intellectual Property Protection ,
Internet of Things ,
NHTSA ,
Privacy Concerns ,
Regulatory Oversight ,
Technology
This year brought a wave of class action complaints alleging that national retailers are violating the New Jersey Truth-in-Consumer Contract, Warranty and Notice Act (TCCWNA), N.J.S.A. §§ 56:12-14 et seq., by including...more
In a 6-2 decision, the Supreme Court held that the mere allegation of a statutory violation is not necessarily enough to create Article III standing. Spokeo, Inc. v. Robins, 578 U.S. __, No. 13-1339 (May 16, 2016). Instead,...more
In This Issue:
- TCPA Litigation And Regulatory Interpretation
- Class Certification
- Settlements
- Insurance Coverage
- Excerpt from TCPA Litigation And Regulatory...more
The holidays are quickly approaching, and shoppers are expected to spend in excess of $600 billion this season. The holiday season is shaping up to become a winter wonderland for retailers. However, brands that market or...more