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The “Dark Side” of Your Website Could Work Against You

Many e-commerce sites are still relying on “dark patterns,” and data privacy regulators have had enough. With the enforcement date of the California Privacy Rights Act fast approaching (July 1, 2023), it is high time that any...more

The Coming Sea Change in California Privacy Requirements

Recent and Upcoming Rules Announcements Mark Turning Point for Businesses Now Obligated to "Minimize" Data Use - The California Privacy Protection Agency approved its first round of “final” implementing regulations under...more

California Data Privacy Round Up - February 2023

This week's roundup highlights critical action on CCPA and is a must-read for e-commerce businesses. Links to more info are in my comment below!...more

The Five Fundamentals of Sound Privacy Compliance

The January 1, 2023 effective date of the California Privacy Rights Act (CPRA) has come and gone, with July 1, 2023, the date enforcement will begin, quickly approaching. Rules and regulations continue to be rolled out in...more

California Data Privacy Roundup #2

1. A new class action against Apple alleges that the tech giant records detailed information about user activity despite its privacy assurances. According to the plaintiffs, Apple’s own collection of a user’s activity in...more

California Data Privacy Roundup

1. The California Privacy Rights Act (CPRA) is nearly upon us, but that’s not all: - 1/1/2023: California Consumer Privacy Act’s (CCPA) mandatory right to cure expires; CPRA takes effect; the Virginia Consumer Data...more

Privacy.Minded: The CCPA Enforcement Action Against Sephora Offers A Warning To Businesses Who Are Still Behind On Compliance

On August 24, 2022, the California Attorney General’s Office announced a settlement with Sephora, Inc., resolving allegations that Sephora violated the California Consumer Privacy Act (“CCPA”). At the same time, the Attorney...more

Navigating the Financial Incentive Requirement of the California Consumer Privacy Act

Since its enactment at the beginning of 2020, the California Consumer Privacy Act (CCPA) has garnered a significant amount of attention. The watershed legislation, which is intended to strengthen privacy rights in the state...more

Privacy.Minded: SEC Charges Company For Cybersecurity Disclosure Controls Violations, Citing Failure To Bring Known...

The Securities and Exchange Commission (SEC) issued a new warning to senior executives: what you don’t know can hurt you, especially in the realm of cybersecurity. The SEC recently settled with First American Financial...more

To The Relief Of Many E-Commerce Businesses, The U.S. Supreme Court Narrowly Construes A TCPA Requirement

In Facebook, Inc. v. Duguid, No. 19-511, slip op. (Apr. 1, 2021), the Supreme Court “friended” Facebook by holding that the social media platform’s login notification texts did not constitute an “automatic telephone dialing...more

Privacy.Minded. - California's New Consumer Privacy Agency Begins To Take Shape, With The Appointment Of Inaugural Board Members

In a release from Sacramento this week, Governor Gavin Newsom, Attorney General Xavier Becerra, Senate President pro Tempore Toni G. Atkins, and Assembly Speaker Anthony Rendon announced the individuals selected for the...more

Virginia’s New Law Continues America’s Patchwork Approach To Data Privacy Regulation

With the California Consumer Privacy Act in 2018 (CCPA), and the California Privacy Rights Act of 2020 (CPRA), California has dared Congress, twice, to pass sorely needed federal privacy legislation. Now Virginia is in on...more

Dismissal Of Marriott Data Breach Lawsuit Shows How Plaintiffs Still Face Standing Hurdles In The Post-CCPA Era

After the California Consumer Privacy Act (CCPA) took effect on January 1, 2020, a surge of class action lawsuits predicated on alleged CCPA violations hit businesses.  Because of the act’s novelty, it was unclear whether...more

Class Action Suits Attempt To Stretch Consumers’ Ability To Sue For CCPA Violations

The CCPA’s Private Right Of Action - The CCPA gives consumers several new “Privacy Rights”—such as the right to know how their personal information is collected, used and shared, the right to request deletion of their...more

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