News & Analysis as of

Data Privacy Data Collection Web Tracking

Constangy, Brooks, Smith & Prophete, LLP

Data collection on corporate websites is a litigation risk

Businesses continue to be subjected to a steady stream of consumer class action lawsuits alleging improper collection or disclosure of information from their websites. A variety of laws and legal claims are used to support...more

WilmerHale

FTC’s Enforcement Action Against Avast Signals Increased Focus on Consumer Web Data

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The Federal Trade Commission (FTC) has been actively flexing its authority as a privacy regulator in recent months. The agency has been especially focused on identifying data practices it views to be “unfair”, thereby...more

Adler Pollock & Sheehan P.C.

New York’s New Website Privacy Controls: What Your Business Needs to Know

In a significant move to enhance consumer privacy and promote transparency in digital practices, the New York State Attorney General recently published two critical guides: “Website Privacy Controls: A Guide for Business” and...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Businesses Beware: California Trap & Trace Lawsuits Target Common Website Tools

These lawsuits make generalized allegations that business websites use software or tools to collect various types of device and browsing information from website visitors and that businesses then share such information with...more

Alston & Bird

New York Attorney General Investigates Companies for Website Tags, Publishes Guidelines on Online Tracking Technologies

Alston & Bird on

On July 30, 2024, the New York Attorney General Letitia James announced she had completed an investigation into the tracking technology practices of popular websites, and used this to create website privacy guides on online...more

Bradley Arant Boult Cummings LLP

Can Privacy Be Bought? How Scrutiny of Meta’s Subscription Model Has Wider Implications – PART I

In November of 2023, Meta launched a service in the European Union that allowed users to utilize the Facebook and Instagram platforms “ad free” for a monthly fee. The subscription service was meant to address regulatory...more

Wiley Rein LLP

Litigation Grows Around Website Technologies, With Focus on Sensitive Data

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Data privacy-related lawsuits have skyrocketed in recent years. Federal courts saw over 900 data privacy dockets in 2020 – but witnessed a surge to 1,767 dockets in 2023. At the halfway point in 2024, federal court data...more

Wyrick Robbins Yates & Ponton LLP

A Million Here, A Million There: Avast Sets the Record for the Highest Monetary Remedy for FTC Act Privacy Violations

According to Chair Lina Khan, the Federal Trade Commission (“FTC”) recent action against Avast Limited and its subsidiaries for $16.5 million is the “highest monetary remedy in a de novo privacy violation case” and the first...more

Kilpatrick

California Online Tracking Lawsuits Shift Away from Wiretap Theory Toward Pen Register Theory

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Class-action lawyers are adapting their legal tactics, moving away from suing companies under California's wiretap law and instead focusing on a new legal claim: the pen register theory....more

WilmerHale

Year in Review: 2023 Web Tracking Litigation and Enforcement

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This post is part of a series of articles we are doing on 2023 data protection litigation trends. 2023 saw a rise in class action litigation related to internet tracking technology employed by companies to enhance user...more

Benesch

New Strain of Web Tracking Suits Pose Risks For Retailers

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In the latest example of privacy laws being stretched to fit new digital technologies, plaintiffs have begun to file a flurry of suits alleging that retailers are using pen register and trap-and-trace software to illegally...more

Clark Hill PLC

[Webinar] Privacy Litigation & Mass Arbitration Demands: How to Mitigate Risks for your Business in 2024 - January 30th, 10:00 am...

Clark Hill PLC on

2023 saw a continued uptick in privacy litigation filings throughout the United States, with Plaintiffs counsel taking aim at cookies, session replay, video URLs, online “doxing” and the use of other online tracking...more

Osano

Cookie Management Strategies to Gain Efficiency

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Wouldn’t life be easier if you could just drop whatever cookies you liked onto your website visitors’ browsers? After all, cookies are nothing more than strings of text—you could have your website use dozens of cookies and it...more

Locke Lord LLP

Beware Common Website Technology Tools That Can Lead to Wiretap Claims

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Knowing how consumers behave while on a website can provide businesses with valuable information. Frequently businesses employ “session replay” tools to analyze what users do on their website. “Session replay” is software...more

BakerHostetler

Privacy Litigation Trends: Meta Pixels, Cookie Opt-Out, and Sale of Data

BakerHostetler on

This breakout series will discuss the latest U.S. privacy compliance programs, and how trends such as sale opt-out and cookie banners are part of the “data revolution”. The series will also cover the intersection of...more

Coblentz Patch Duffy & Bass

Companies Should Keep in Mind Chatbots, Session Recordings, Mouseclicks: New Consumer Privacy Suits Continue Under Decades-Old...

Numerous new website technologies and tools allow companies to more effectively interact with their customers. These include chatbots, session recording software, tracking pixels (snippets of code that can be used to identify...more

McDermott Will & Emery

3 Questions Healthcare Provider Organizations Need to Consider when Implementing Pixel Tracking Technologies

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Online tracking technologies, such as pixels, have become a common feature of the modern web and app ecosystem. Pixels and other online tracking technologies may be configured to collect user data about website visits,...more

K&L Gates LLP

Litigation Minute: Pixel Tools and Personal Financial Information (Pixel Tool Litigation Series: Part Three of Four)

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What You Need to Know in a Minute or Less - Media reports, as well as a recent report prepared by various US senators and representatives, have focused attention on the use of pixel tools on the websites of major tax filing...more

Woods Rogers

Reviewing Online Tracking Technologies Could Keep HIPAA-Regulated Entities Out of Hot Water

Woods Rogers on

A patient surfs a hospital system’s website and reads an article about depression and anxiety. The patient then searches the hospital’s website for mental health providers in the area. A few hours later, the patient logs into...more

Foley Hoag LLP - Security, Privacy and the...

The FTC Outlines What It Sees as “The HIdden Impacts of Pixel Tracking”

In a very comprehensive post from the Federal Trade Commission’s Office of Technology, the FTC takes what it calls “[a] deep dive into the technical side of FTC’s recent cases on digital health platforms, GoodRx &...more

Robinson+Cole Data Privacy + Security Insider

Chick-Fil-A Sued for Sharing Data through Meta Pixel

While plaintiffs’ attorneys were initially focused late last year on suing health care entities for using Pixel and other tracking technology to share information about website users with social media platforms such as Meta...more

Robinson+Cole Data Privacy + Security Insider

Oracle Accused of Invading Privacy with Tracking Technologies

A new class action lawsuit was filed in federal court in California against Oracle America, Inc., alleging that it has been invading consumers’ privacy by using tracking technologies to build “digital dossiers” on individual...more

BakerHostetler

A Digital Advertising Primer on Preparing for the Post-Cookie World: Part Two

BakerHostetler on

Part I: What Are Third-Party Cookies and Why they are Important — PART II — Privacy Laws And Third-Party Cookies - Welcome to our second installment in our five-part series preparing you for the post-cookie world. In our...more

Dechert LLP

It’s a Wrap: California Attorney General Announces First-Year CCPA Enforcement Update

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The California Attorney General (“AG”), Rob Bonta, recently announced a much-awaited report on the Office of Attorney General’s enforcement of the California Consumer Privacy Act of 2018 (“CCPA”).1 The AG’s press release: (i)...more

Hogan Lovells

CNIL Publishes FAQ Clarifying Cookie Use

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The French Data Protection Authority (CNIL) published an FAQ on March 18, 2021 to further explain its earlier guidelines and “recommendation” on cookies and other tracking technologies, which were published on September 17,...more

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