Consumer Finance Monitor Podcast Episode: Should Section 5 of the FTC Act be Amended to Add a Private Right of Action?
Consumer Finance Monitor Podcast Episode: Challenges of Using the Current Law to Address Dark Patterns, with Guest Gregory Dickinson, Assistant Professor, St. Thomas University
Webinar Recording: An Overview of the American Data Privacy and Protection Act
CF on Cyber: An Update on the Changes to the Florida Telemarketing Act
Over the weekend, lawmakers unveiled the latest push for a federal privacy law – the American Privacy Rights Act (APRA). The bill was circulated as a discussion draft by Sen. Maria Cantwell (D-WA), Chair of the Senate...more
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
Washington’s groundbreaking “My Health My Data Act” (HB 1155) (the Act) was signed into law on April 27, 2023. This Act imposes new requirements on the processing and sale of consumer health data by organizations with a nexus...more
As detailed in Part 1 of this ongoing series, Washington Governor Jay Inslee signed the state’s My Health My Data Act (the Act) into law on April 27, 2023. The Act is a first-of-its-kind law that creates new privacy...more
The California Consumer Privacy Act (CCPA) has created compliance challenges across the country for businesses – but they often stem from the fact that businesses are confused about some of the law’s basic principles. This...more
The Indiana Legislature is poised to pass Senate Bill 5, a comprehensive privacy statute (the “Act”), and send it on to the Governor. Once signed, the Act will become operative on January 1, 2026, and make Indiana the seventh...more
Last week, Representatives Frank Pallone (D-NJ) and Cathy McMorris Rodgers (R-WA) and Senator Roger Wicker (R-MS) released a draft federal privacy proposal titled the American Data Privacy and Protection Act (ADPPA). ADPPA is...more
Utah is poised to become the fourth state to enact comprehensive consumer privacy legislation, following California, Virginia, and Colorado. Earlier this month, Utah's legislature passed the Utah Consumer Privacy Act (S.B....more
Privacy law is a hot topic for legislatures in the United States at both the state and federal levels. With the advent of influential laws from international governments, including the European Union, the lack of significant...more
On May 13th, New York State Senator Kevin Thomas, Chair of NY’s Consumer Protection Committee, reintroduced the New York Privacy Act (“NYPA”), a comprehensive consumer privacy law similar in kind to the California Consumer...more
Keypoint: This week Florida came close to passing a bill before it died on the final day of the legislative session; committees in Colorado and Alaska scheduled hearings on their bills for May 5; and the Connecticut bill was...more
In this episode, Akin Gump cybersecurity, privacy and data protection practice co-heads Natasha Kohne and Michelle Reed, and counsel Molly Whitman discuss the firm’s new 2020 CCPA Litigation Annual Report and its...more
Like the California Consumer Privacy Act of 2018 (CCPA) and the California Privacy Rights Act of 2020 (CPRA), the Virginia Consumer Data Protection Act (VCDPA) does not grant a private right of action for alleged violations...more
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
In 2018, the California Consumer Privacy Act (“CCPA”), which provides for an expansive array of privacy rights and obligations, was enacted. At the time, it was reasonable to wonder whether California’s bold example would...more
Florida is currently considering data privacy legislation that would require covered businesses to implement comprehensive policies and procedures to provide privacy rights to consumers. The proposed legislation, House Bill...more
While we continue to await comprehensive US federal privacy legislation, and following California’s lead with its California Consumer Privacy Act of 2018 (CCPA), individual states are stepping up to the plate. Based on what...more
The California Privacy Rights Act (CPRA), passed in November, 2020, added to the California Consumer Privacy Act (CCPA) an express obligation for covered businesses to adopt reasonable security safeguards to protect personal...more
It’s a new year and it looks like 2021 is going to be another eventful one for privacy. In the past few weeks, we’ve seen several states introduce new privacy legislation, starting with Washington. On January 5, the...more
It has been a full year since the California Consumer Privacy Act (“CCPA”) took effect at the top of 2020. In the cases filed in the second half of the year, the complaints more frequently assert a violation of the CCPA as a...more
While still in its relative infancy, privacy law has quickly become a turbulent teenager, with constant change around the world. At a minimum, 2021 will require meaningful efforts to implement the changes of 2020, with a...more
On November 3, 2020, Californians voted to pass Proposition 24, expanding and modifying the California Consumer Privacy Act (“CCPA”), which came into force on January 1, 2020. The new California Privacy Rights Act (“CPRA”),...more
The California Consumer Privacy Act (“CCPA”) gives individuals the right to seek statutory damages against a business in limited circumstances involving the CCPA’s reasonable security obligation. See Cal. Civ. Code §...more
On November 3, 2020, California voters passed Proposition 24, the California Privacy Rights Act (“CPRA”). The provision’s timeline is important to consider. The law would become effective on January 1, 2023 with enforcement...more
On November 3, 2020, California voters convincingly approved the California Privacy Rights Act (“CPRA”) ballot initiative. The CPRA builds upon and amends the California Consumer Protection Act (“CCPA”), aligning it more with...more