News & Analysis as of

Mobile Apps Privacy Laws

Ice Miller

The Continuing Saga of Ad Tracking Litigation: What Businesses Need to Know

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Recent months have seen a dramatic increase in demand letters and litigation targeting websites and mobile apps. These claims often allege privacy violations stemming from the use of various technologies such as chat bots,...more

Pierce Atwood LLP

Massachusetts Court Denies Certification of Privacy Class Action for Failure to Meet Ascertainability Requirement

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On February 14, 2025, in Therrien v. Hearst Television, Inc., the District of Massachusetts denied a motion for class certification due to the plaintiff’s failure to meet the implied ascertainability requirement of Rule 23....more

Sheppard Mullin Richter & Hampton LLP

New York AG Settles with School App

The New York Attorney General recently entered into an assurance of discontinuance with Saturn Technologies, operator of an app used by high school and college students. The app was designed to be a social media platform that...more

Alston & Bird

California Attorney General Targets Location Data in New Investigative Sweep

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This week California Attorney General Rob Bonta announced a new investigative sweep under the California Consumer Privacy Act (CCPA). We have anticipated this sweep for some time based on the focus and the direction of a...more

Womble Bond Dickinson

First Class Action Filed Under Washington’s MY Health MY Data Act Draws Parallels to Previous SDK Litigation

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On February 10, 2025, the first class action complaint was filed pursuant to Washington’s MY Health MY Data Act (“MHMDA”), Wash. Rev. Code Ann. § 19.373.005 et seq. See Maxwell v. Amazon.com, Inc. et al., Case No. 2:25-cv-261...more

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

Location Data as Health Data? Precedent-Setting Lawsuit Brought Against Retailer Under Washington My Health My Data Act

An online retailer was recently hit with the first class action under Washington’s consumer health data privacy law alleging that it used advertising software attached to certain third-party mobile phone apps to unlawfully...more

WilmerHale

First Lawsuit Filed Under Washington’s My Health My Data Act

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The first class action complaint was filed under Washington’s My Health My Data Act (“MHMDA”) on February 10, 2025, more than a year after the law’s passage. When the law passed in April 2023, MHMDA was novel for its broad...more

BCLP

Mobile Apps: What Does the CNIL Recommend From a Privacy Perspective?

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While mobile apps have become one of the major means of access to digital services, their ubiquity is accompanied by significant risks to users' privacy, due to the massive amount of personal data they collect and process....more

Lathrop GPM

AI & Privacy Laws are Changing Fast - Are Your Websites, Mobile Apps and Contracts Keeping Up?

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The new year serves as a reminder that – at least annually – businesses of all sizes should review their websites, applications and other data-related resources to ensure that they are up to date. Scheduling a regular cadence...more

Robinson+Cole Data Privacy + Security Insider

After Supreme Court Upholds Ban, Trump Issues EO Giving TikTok an Extension

Despite bipartisan support for banning TikTok – essentially spyware presenting a national security threat from the People’s Republic of China (PRC) – in the United States (as done by India) and the Supreme Court’s upholding...more

Fox Rothschild LLP

Do App Permissions Satisfy Requirements for Valid Consent for the Purpose of GDPR?

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App permissions do not satisfy the requirements for valid consent for the purpose of GDPR because they lack sufficient detail and granularity, according to the Commission Nationale de l’Informatique et des Libertés (CNIL)....more

Hogan Lovells

CNIL 2025-2028 strategic plan: AI, Minors, Mobile Apps & Cybersecurity

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Anticipating enforcement priorities of regulators may partly rely on their long-term trajectory and domestic dynamics, which differ from a country to another. This action plan reflects CNIL’s ambition (i) to be appointed by...more

Fisher Phillips

Top 5 Surprising Takeaways as Fisher Phillips Launches Digital Wiretapping Litigation Tracker

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Some businesses might be surprised to learn that digital wiretapping litigation claims are one of today’s fastest-growing compliance risks, with over 1,560 lawsuits filed in 28 states since a groundbreaking 2022 decision...more

CloudNine

Masters Conference Atlanta 2024: Comprehensive Recap and Session Insights

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The Masters Conference’s final event for 2024 brought together legal, forensic, and information governance experts to discuss the evolving challenges in eDiscovery and data management. Hosted by King and Spalding in Atlanta,...more

Perkins Coie

FTC Order Bans Anonymous Messaging App from Serving Minors

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The Federal Trade Commission (FTC) and the Los Angeles County District Attorney on July 9, 2024, announced a complaint and proposed stipulated order against NGL Labs, LLC, and two NGL co-founders concerning the “NGL: ask me...more

Sheppard Mullin Richter & Hampton LLP

We Don’t Use Dark Patterns!? FTC and Consumer Protection Networks Review Suggests You Might

In its ongoing concern with “dark patterns,” the FTC recently announced results of two reviews of sites and apps purportedly engaging in the practice. As a reminder, the FTC views as “dark patterns” practices or web designs...more

Bass, Berry & Sims PLC

AI a Target of California Regulation Drafting

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While generative artificial intelligence (AI) apps – such as Chat-GPT, Google Gemini, and Stable Diffusion – are capturing the national spotlight, many businesses are using other forms of machine learning, algorithms, and...more

White & Case LLP

California Consumer Privacy Act Enforcement Update: New Investigative Sweep of Streaming Services & Restoration of the CPPA’s...

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As 2024 gets underway, California's regulators have continued to press forward in seeking to enforce the California Consumer Privacy Act (CCPA). Two recent developments warrant mentioning....more

Sheppard Mullin Richter & Hampton LLP

CARU Releases Metaverse Guidelines

The Children’s Advertising Review Unit (CARU) released new guidelines for interacting with children in the metaverse: Building Guardrails for Child-Directed Advertising & Privacy in the Metaverse. The guardrails are intended...more

White & Case LLP

CPRA Enforcement Activity Underway Despite Court Ruling to Delay

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The California Attorney General's (the "Cal AG") office appears to be moving forward with enforcement activities, despite a recent court ruling delaying enforcement of CPRA regulations. In the past month, since the amendments...more

Bradley Arant Boult Cummings LLP

So Now There’s a TikTok Ban for Government Contractors

On June 2, 2023, the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council issued an interim rule to implement a new statutory requirement that, in short, bans the TikTok app from devices used in...more

Maynard Nexsen

FAR Council Publishes Rule to Ban TikTok Applications in Government Contracting

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Last Friday, the Federal Acquisition Regulatory Council published an interim final rule ("IFR") to ban the use of a ByteDance Covered Application (i.e., TikTok) in government contracting. The IFR is effective June 2, 2023....more

Davis Wright Tremaine LLP

FTC Seeks to Clarify Health Breach Notification Rule's Broad Applicability to Unauthorized App Disclosures

The FTC released a Notice of Proposed Rulemaking (NPRM) to introduce changes to the Health Breach Notification Rule (HBNR). While the HBNR began as a breach notification rule seemingly focused on a narrow set of applications...more

J.S. Held

Litigation Surge From the Use of Tracking Technology & the Sharing of Healthcare and Personal Data

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Introduction: Tracking Software in the Healthcare Industry - Privacy-related concerns have become increasingly prominent in recent years, especially with the widespread use of third-party tracking tools such as tracking...more

Sheppard Mullin Richter & Hampton LLP

The Rough Waters of Website Accessibility

Companies are continuing to find it hard to navigate the legal landscape of website accessibility. Plaintiff’s lawyers argue that “inaccessible” websites or mobile apps fail to comply with the Americans With Disabilities Act...more

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