News & Analysis as of

Consumer Privacy Rights Statutory Damages

Benesch

Second Circuit Explodes Scope of VPPA with New Ruling in Salazar

Benesch on

The Second Circuit’s decision in Salazar v. NBA, No. 23-1147 (2d Cir. Oct. 15, 2024) creates significant risk for companies that offer videos for viewing on their websites and significantly expands potential liability under...more

WilmerHale

Year in Review: CCPA Litigation Trends from 2023

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This post is part of a series of articles we are doing on 2023 data protection litigation trends. While the California Consumer Privacy Act (CCPA) is most known for its onerous privacy compliance obligations, the law also...more

BakerHostetler

If it’s broke, just fix it...: Curing Alleged CCPA Violations

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Courts across the United States continue to grapple with California’s landmark consumer privacy law, the California Consumer Privacy Act (CCPA). While the contours of this law are being litigated on multiple fronts, one...more

Husch Blackwell LLP

Florida House Passes Consumer Data Privacy Legislation

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Keypoint: Florida moved one step closer to passing consumer data privacy legislation although differences between the House and Senate bills need to be resolved if the legislation is to pass the legislature. On April 21,...more

Carlton Fields

[Webinar] The California Consumer Privacy Act: Are You Ready? - August 25th, 3:00 pm - 4:00 pm EDT

Carlton Fields on

Join in-house counsel, chief privacy and information officers, and C-suite leaders for an in-depth program featuring Carlton Fields' Cybersecurity and Privacy attorneys. For companies subject to the CCPA, the law ushered...more

BCLP

Update: July 2020 California Consumer Privacy Act (“CCPA”) Litigation Tracker

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As of January 1, 2020, California became the first state to permit residents whose sensitive personal information is exposed in a data breach to seek statutory damages between $100-$750 per incident, even in the absence of...more

BCLP

Update: June 2020 California Consumer Privacy Act (“CCPA”) Litigation Tracker

BCLP on

As of January 1, 2020, California became the first state to permit residents whose sensitive personal information is exposed in a data breach to seek statutory damages between $100-$750 per incident, even in the absence of...more

McDermott Will & Emery

Importance of CCPA Compliance Highlighted by First Round of Private Actions

McDermott Will & Emery on

The first wave of California Consumer Privacy Act litigation has begun to roll in, and the complaints are already raising interesting questions about the scope of CCPA’s private right of action. The actions assert a variety...more

BCLP

March 2020 California Consumer Privacy Act (“CCPA”) Litigation Tracker

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Current trends in litigation stemming from the CCPA - As of January 1, 2020, California became the first state to permit residents whose sensitive personal information is exposed in a data breach to seek statutory damages...more

Lathrop GPM

Privacy Alert: Let the CCPA Class Action Lawsuits Commence

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The first post-California Consumer Privacy Act (CCPA) data breach class action was filed on February 3 in the Northern District of California. See Barnes v. Hanna Andersson, LLC , N.D. Cal., Case No. 20-cv-00812....more

BCLP

Data Breach Litigation Preparation: What types of services should the organization offer to consumers affected by a breach?

BCLP on

As of January 1, 2020, California will become the first state to permit residents whose personal information is exposed in a data breach to seek statutory damages between $100-$750 per incident, even in the absence of any...more

BCLP

Data Breach Litigation Preparation: What should organizations consider when notifying consumers of a data breach?

BCLP on

As of January 1, 2020, California became the first state to permit residents whose personal information is exposed in a data breach to seek statutory damages between $100-$750 per incident, even in the absence of any actual...more

BCLP

Data Breach Litigation Preparation: What U.S. Laws Apply to Data Breaches?

BCLP on

As of January 1, 2020, California became the first state to permit residents whose personal information is exposed in a data breach to seek statutory damages between $100-$750 per incident, even in the absence of any actual...more

BCLP

Data Breach Litigation Preparation: Should Companies Contact Law Enforcement After a Data Breach?

BCLP on

As of January 1, 2020, California became the first state to permit residents whose personal information is exposed in a data breach to seek statutory damages between $100-$750 per incident, even in the absence of any actual...more

McDermott Will & Emery

CCPA and ‘Reasonable Security’: A Game Changer

McDermott Will & Emery on

On January 1, 2020, the California Consumer Privacy Act of 2018 (CCPA) went into effect. The CCPA applies to a wide range of companies and broadly governs the collection, use and sale of personal information of California...more

Bass, Berry & Sims PLC

Privacy Perils: California’s New Year Resolution

Bass, Berry & Sims PLC on

This new year finally brings into effect the California Consumer Privacy Act (CCPA), which provides California consumers with certain rights to how their data is used and collected by businesses. For example, they now have...more

BCLP

What are the Obligations to Business Partners in the Event of a Data Breach?

BCLP on

As of January 1, 2020, California became the first state to permit residents whose personal information is exposed in a data breach to seek statutory damages between $100-$750 per incident, even in the absence of any actual...more

BCLP

How Should Companies Investigate Security Incidents?

BCLP on

As of January 1, 2020, California became the first state to permit residents whose personal information is exposed in a data breach to seek statutory damages between $100-$750 per incident, even in the absence of any actual...more

McDermott Will & Emery

The California Consumer Privacy Act and ‘Reasonable Security’: A Game Changer

McDermott Will & Emery on

The potential statutory damages under the CCPA dwarf almost every previous large data breach settlement in the United States. To mitigate the risk of this increased exposure, companies need to take key steps to ensure they...more

BCLP

What Should be Included in a Data Breach Incident Response Plan?

BCLP on

As of January 1, 2020, California became the first state to permit residents whose personal information is exposed in a data breach to seek statutory damages between $100-$750 per incident, even in the absence of any actual...more

Sheppard Mullin Richter & Hampton LLP

The Death of One California Privacy Class Action, and the Birth of Another

As one year ends, another begins. So too it seems with California’s embrace of multi-million dollar privacy class actions. The purported illegal recording of cellular or cordless phone calls under Section 632.7 of the...more

BCLP

Do Companies Need a Written Security Information Plan?

BCLP on

As of January 1, 2020, California became the first state to permit residents whose personal information is exposed in a data breach to seek statutory damages between $100-$750 per incident, even in the absence of any actual...more

BakerHostetler

CCPA Notice Requirements for Statutory Damages

BakerHostetler on

Beginning on Jan. 1, 2020, companies that collect personal information of California residents need to be prepared to prevent and defend against potentially catastrophic litigation if such personal information becomes...more

Proskauer - Minding Your Business

Data Breaches and Damages: Consumer Action Under the CCPA

With less than two months to go before the California Consumer Privacy Act of 2018’s (“CCPA”) effective date of January 1, 2020, businesses should be aware of the potential litigation that awaits them....more

Williams Mullen

CCPA: Implementing the Right Cybersecurity Plan Is Now a Legal Issue

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Addressing cybersecurity risks invariably involves very technical matters. As a result, in many companies the IT department has been responsible for developing and implementing cybersecurity plans and procedures....more

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