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Video Game Developer’s Website Privacy Policy Disclosure and Cookie Banner Consent Defeat Wiretap Class Action

Video game developer Ubisoft, Inc. came out on top earlier this month in the Northern District of California when a judge dismissed, with prejudice, a class action claiming that the company’s use of third-party website pixels...more

Judge Rules “Tester” Plaintiffs Cannot Bring Wiretap Claims under California Invasion of Privacy Act

In a big win for businesses, a California federal court just held that a “tester” plaintiff—someone who visits websites to initiate litigation—cannot bring a claim under the California Invasion of Privacy Act (CIPA)....more

Yahoo ConnectID Faces Class Action Over Email Address Tracking as Alleged Wiretap Violation

Yahoo’s ConnectID is a cookieless identity solution that allows advertisers and publishers to personalize, measure, and perform ad campaigns by leveraging first-party data and 1-to-1 consumer relationships. ConnectID uses...more

Stall on Automated Decision-Making Technology Rules from the California Privacy Protection Agency

This week, the California Privacy Protection Agency (CPPA) board held its April meeting to discuss the latest set of proposed regulations, including automated decision-making technology (ADMT) regulations. Instead of...more

California Cryobank Hit with Lawsuit over Sperm Donor Databank Breach

California Cryobank, LLC, the largest sperm bank in the country, faces a lawsuit in the U.S. District Court for the Central District of California over an April 2024 data breach. Cryobank provides frozen donor sperm and...more

Pennsylvania Teacher’s Union Faces Class Action over Data Breach

The Pennsylvania State Education Association (PSEA) faces a class action resulting from a July 2024 data breach. The proposed class consists of current and former members of the union as well as PSEA employees and their...more

CPPA Settles Alleged CCPA Violations with Honda

Last week, the California Privacy Protection Agency (CPPA) settled its first non-data broker enforcement action against American Honda Motor Co. for a $632,500 fine and the implementation of certain remedial actions....more

California Privacy Protection Agency Begins Investigative Sweep into Location Data Collection under CCPA

The California Privacy Protection Agency (CPPA) the agency responsible for implementing and enforcing the California Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA) (collectively the CCPA), protecting...more

Utilities Petition FCC for Updates to TCPA Guidelines to Allow “Demand Response” Calls and Texts

Edison Electric Institute (EEI), an association that represents all U.S. investor-owned electric companies, petitioned the Federal Communications Commission (FCC) to permit calls and texts under the Telephone Consumer...more

Skin360 App Can’t Escape Scrutiny under Illinois Biometric Law

A federal district court has denied a motion by Johnson & Johnson Consumer Inc. (JJCI) to dismiss a second amended complaint alleging it violated the Illinois Biometric Information Privacy Act (BIPA) by collecting and storing...more

Data Brokers Beware: Another Settlement for Violations of the California Delete Act

The California Privacy Protection Agency (CPPA) and Background Alert, Inc. (a California-based data broker) settled allegations that Background Alert failed to register and pay the annual fee required by the California Delete...more

Trap and Trace Litigation: Why is this a Trend for Plaintiffs’ Attorneys?

Beware of demand letters from plaintiffs’ attorneys for allegations of illegal use of pen registers, trap and trace pixels, and search bar pixels—why? This “trap and trace” litigation is a growing trend for plaintiffs’...more

Is Your Business Trapped? The Rise of “Trap and Trace” Litigation

Almost every business has a website; every website should have a privacy policy, terms of use, and, in some cases, a consumer privacy rights notice—if certain state consumer privacy rights laws apply to your business, such as...more

NewsBank Hit with Class Action over Employee Data Breach

Last week, a class action was filed against NewsBank, Inc., a Florida-based news database company, related to a 2024 breach of employee personal information. NewsBank provides a database of archived news publications...more

Colorado’s AI Task Force Proposes Updates to State’s AI Law

Stemming from Colorado’s Concerning Consumer Protections in Interactions with Artificial Intelligence Systems Act (the Act), which will impose obligations on developers and deployers of artificial intelligence (AI), the...more

Ethical Hacker Uncovers Vulnerability in Subaru Starlink Service

Ethical hackers identified an arbitrary account takeover flaw in the administrator portal for Subaru’s Starlink service, which could allow a threat actor to hijack a vehicle through a Subaru employee account. This...more

Oregon DOJ Issues Children’s Privacy Toolkit under State Consumer Privacy Rights Law

The Oregon Department of Justice (DOJ) released a new toolkit sharing with Oregonians how to protect their online information to celebrate Data Privacy Day. The toolkit includes information on how consumers can exercise their...more

Video Game Maker to Pay $20 Million to Settle FTC COPPA Enforcement Action

Singapore-based Chinese video game developer Cognosphere, dba HoYoverse, known for “Genshin Impact,” a role-playing game involving collectible characters with unique fighting skills, has agreed to pay $20 million to settle...more

FTC Announces Updates to COPPA Rule

On January 16, 2025, the Federal Trade Commission (FTC) issued a press release stating, “The updated [Children’s Online Privacy Protection Act (COPPA)] rule strengthens key protections for kids’ privacy online. By requiring...more

California AG Issues AI-Related Legal Guidelines for Developers and Healthcare Entities

The California Attorney General published two legal advisories this week: Legal Advisory on the Application of Existing California Laws to Artificial Intelligence. Legal Advisory on the Application of Existing California Law...more

Privacy Tip #427 – Ahead of the TikTok Ban, Users are Turning to Another Chinese App with Similar Privacy Concerns – What you...

TikTok users are seeking alternate platforms to share and view content as the U.S. is set to ban the popular social media app on January 19, 2025. Instead of turning to U.S.-based companies like Facebook or Instagram, users...more

What to Know About the HHS HIPAA Security Standards Proposal

At the close of 2024, the Office for Civil Rights (OCR) at the U.S. Department of Health and Human Services (HHS) issued a Notice of Proposed Rulemaking (the Proposed Rule) to amend the Security Rule regulations established...more

American Addiction Centers Hit with PHI Breach Class Action

American Addiction Centers Inc. faces a class action in the Middle District of Tennessee for allegations that it violated the Health Insurance Portability and Accountability Act (HIPAA) by failing to protect patient data from...more

A Year in Privacy and Security: Privacy Violations, Large-Scale Data Breaches, and Big Fines and Settlements

2024 was a year chock-full of data breaches and privacy violations. Many new data privacy and cybersecurity regulations were introduced (and became effective), and regulators sent a strong message to businesses that privacy...more

Colorado Amends its Consumer Privacy Rights Act

Earlier this month, after the conclusion of the public comment period, the Colorado Department of Law adopted amendments to the Colorado Privacy Act (CPA), which grants rights to Colorado consumers concerning their personal...more

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