News & Analysis as of

Personal Information Data Breach Private Right of Action

Farella Braun + Martel LLP

Bipartisan Congressional Leaders Introduce Federal Data Privacy Bill

Senator Maria Cantwell (D-Washington) and Representative Cathy McMorris Rodgers (R-Washington) have presented a draft of a federal data privacy law, the American Privacy Rights Act (APRA).  APRA would largely preempt the...more

WilmerHale

Year in Review: CCPA Litigation Trends from 2023

WilmerHale on

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

Houston Harbaugh, P.C.

23andMe Hack: The Legal Fallout From the Breach and What it Means in PA

Houston Harbaugh, P.C. on

In October of 2023, a hacker claimed online that they had 23andMe users’ profile information. We know this as a result of 23andMe’s required statement to the U.S. Securities and Exchange Commission (SEC) on December 1, 2023. ...more

Epiq

Privacy Roundup Part Two: Significant International Updates

Epiq on

Last week’s blog detailed the wave of state legislation that occurred in the U.S. during 2021. It is no surprise that there were also many data privacy developments abroad. It is crucial that organizations affected by...more

WilmerHale

The Past, Present and Future of US Privacy Law

WilmerHale on

Despite its antecedents in one of the most widely cited law review articles of all time from more than 130 years ago, modern United States privacy law is roughly twenty years old. Even though still in its relative infancy,...more

BCLP

Court Confirms that CCPA Is Not Retroactive

BCLP on

In one of the first substantive decisions handed down since the California Consumer Privacy Act (“CCPA”) came into effect, the District Court for the Northern District of California held in Gardiner v. Walmart, Case No....more

Farella Braun + Martel LLP

Arbitration Agreements in Privacy Disputes: The Wyze Decision and the CCPA

Earlier this year, a number of individuals brought a lawsuit in the United States District Court for the Western District of Washington against Washington-based company Wyze Labs, Inc (Wyze), which manufactures “smart” home...more

ArentFox Schiff

Autumn Amendments to the CCPA

ArentFox Schiff on

The California Consumer Privacy Act (CCPA), the landmark privacy law making waves since taking effect earlier this year, has continued to evolve as legislators and the California Office of the Attorney General refine and...more

Ervin Cohen & Jessup LLP

Can Companies Be Liable If Third-Party Contractors Suffer Data Breaches?

The California Consumer Privacy Act became effective on Jan. 1. Included among its provisions is the grant of a private right of action on behalf of any consumer “whose nonencrypted and nonredacted personal information…is...more

Spilman Thomas & Battle, PLLC

Proposed Amendment to the North Carolina Identity Theft Protection Act

In April 2019, with the introduction of House Bill 904, a bi-partisan effort was made to strengthen cyber security in North Carolina. H.B. 904 seeks to make North Carolina's Identity Theft Protection Act one of the strongest...more

Allen Matkins

Five Things to Do Now to Prepare for the CCPA Enforcement Deadline on July 1, 2020

Allen Matkins on

As you likely know, the California Consumer Privacy Act of 2018 (CCPA) went into effect on January 1, 2020. The CCPA is revolutionary legislation relating to California consumers’ rights in their Personal Information (as...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

Lathrop GPM

Privacy Alert: Let the CCPA Class Action Lawsuits Commence

Lathrop GPM on

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

Mintz - Privacy & Cybersecurity Viewpoints

The First Wave of CCPA Allegations Makes Its Way Into a New Data Breach Class Action Against Salesforce and Hanna Andersson

The companies Salesforce.com, Inc. and Hanna Andersson, LLC are on the receiving end of a novel lawsuit, which appears to be the very first data breach class action ever filed with alleged violations of the California...more

Jackson Lewis P.C.

CCPA Data Breach Class Action Litigation Begins

Jackson Lewis P.C. on

As reported by Bloomberg Law, data breach class action litigation has begun under the California Consumer Privacy Act (CCPA). Filed in the Northern District of California, San Francisco Division, a putative class action...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

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

Mintz - Privacy & Cybersecurity Viewpoints

CCPA QOTD: What are the penalties for non-compliance with the CCPA?

Unless you have been living off the grid for the past year, you likely know that we are now down to 13 days and counting to the effective date of the California Consumer Privacy Act (CCPA). We have received hundreds of...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

Williams Mullen on

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

BCLP

CCPA Security FAQs: Can a consumer bring suit in a California state court under the CCPA even if they were not injured by a data...

BCLP on

Yes, if they satisfy the elements of a CCPA data breach claim. Section 1798.150 of the CCPA permits consumers to “institute a civil action” if the consumer’s “personal information, as defined in subparagraph (A) of paragraph...more

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