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Texting Lawsuits in Washington – A Reminder About State Laws

Most businesses that send texts to their target audiences are focused on compliance with the federal Telephone Consumer Protection Act (TCPA) – and understandably so, given the explosion in class action litigation stemming...more

What’s Next at FTC Following Firings of Democratic Commissioners?

It’s been a week since the Trump administration fired FTC Commissioners Slaughter and Bedoya because their ​“continued service on the FTC is inconsistent with . . . administration priorities.” In the days since, we’ve been...more

FTC Takes Step to End ​“Tyranny of Big Tech” with RFI

As its first policy initiative under Chair Andrew Ferguson, the FTC announced a Request for Information (RFI) ​“to better understand how technology platforms deny or degrade users’ access to services based on the content of...more

State Privacy Law Requirements: Instructing Vendors and Partners to Fulfill Deletion and Opt Out Privacy Rights Requests

Under many circumstances, state privacy laws require businesses to pass a consumer’s valid deletion request to any entity that processes the data on behalf of the business or otherwise is a recipient of the data. These...more

[Webinar] Privacy and AI in the Trump 2.0 Era - November 13th, 2:00 pm - 3:00 pm ET

Join Kelley Drye privacy attorneys for an upcoming webinar, "Privacy and AI in the Trump 2.0 Era." This session will explore the potential shifts in privacy regulation and AI oversight with the new administration, including...more

Health Data Privacy: What We’re Hearing

U.S. privacy developments are moving quickly, but health data privacy is racing forward. Companies that come into contact with consumers’ health data need to track and respond to a variety of developments. Most notably, these...more

Top Advertising Law Developments in 2023

If you follow our blog, you already know that there have been a number of significant developments in the world of advertising law over the past 12 months. In this post, we highlight ten of those developments and consider...more

FTC Proposes Changes to COPPA Rule: What Businesses Need to Know

The Federal Trade Commission (FTC) announced a Notice of Proposed Rulemaking (NPRM) to amend the Children’s Online Privacy Protection Act Rule (COPPA Rule). The COPPA Rule applies to operators of websites and online services...more

Practical Privacy: Lessons from the Front Lines

With the continuing onslaught of state privacy laws, it’s easy to become overwhelmed by the number of new legal obligations while also trying to stay focused on identifying and mitigating the most pressing legal and business...more

FTC to Advertisers: We’re Tracking Your Use of Health Information

For the second time in as many months, the Federal Trade Commission (FTC) last week announced a settlement alleging that a company’s the use and disclosure of consumers’ health information for online advertising violated the...more

Congress to FTC: “Please Update the COPPA Rule Now”

Amidst all of the recent news and developments about the privacy of kids and teens (including multiple Congressional hearings; Frances Haugen’s testimony; enactment of the UK’s and California’s Age Appropriate Design Codes;...more

“Dark Patterns” Loom Large in New FTC Staff Report

No, we’re not talking about sinister sewing guides, but rather practices or formats that may manipulate or mislead consumers into taking actions they would not otherwise take. We untangled the topic of so-called “dark...more

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

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

How the Utah Consumer Privacy Act Stacks Up Against Other State Privacy Laws

As companies wait to see whether the Utah Consumer Privacy Act (UCPA) becomes the fourth comprehensive state privacy law, we are providing an overview of some of the Act’s key provisions – and how they depart from...more

[Webinar] Privacy Priorities for 2022: Tracking State Law Developments - March 24th, 4:00 pm - 5:00 pm ET

In the absence of a federal privacy law, privacy has been at the forefront of many states’ legislative sessions this year: - Utah is poised to be the fourth state to enact comprehensive privacy legislation - Florida...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

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

FTC Advises Companies to Remediate Log4j Vulnerability

In an unusual warning to companies running Java applications with Log4j in their environments, the Federal Trade Commission (FTC) recently cautioned that it “intends to use its full legal authority to pursue companies that...more

State Attorneys General 2022 Predictions

State Attorneys General are already off to the races in 2022 – both with a significant number of election campaigns in full swing and an uptick in their consumer protection enforcement efforts. As a result, State AG consumer...more

New Mexico Attorney General Settles Google Children’s Privacy Cases: A Unique Settlement Adds to a Complicated Landscape

On December 13, the New Mexico Attorney General announced a settlement with Google to resolve claims regarding children’s privacy, including in the burgeoning EdTech space. The federal lawsuits Balderas v. Tiny Lab...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

Hope Emerges at Senate Data Security Hearing – But Will Congress Grab the Brass Ring?

On October 6, 2021, the Senate Commerce Committee conducted its second in a series of hearings dedicated to consumer privacy and data, this time addressing Data Security. Similar to last week’s privacy hearing, the witnesses...more

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