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
The U.S. is taking another swing at a federal data privacy law with the American Privacy Rights Act, or APRA. While there’s no guarantee that the APRA will become the law of the land, it’s still worthwhile to study in order...more
The cybersecurity and data privacy legal landscape continues its rapid evolution. Below is an outline of some of the most significant developments in the last quarter. Federal Legislation: In June, a bipartisan...more
On June 3, 2022, a bipartisan group of U.S. Representatives released a discussion draft of a comprehensive federal data privacy bill entitled the American Data Privacy and Protection Act (ADPPA). Though bipartisan compromise...more
After a stalemate over federal consumer privacy legislation in the past few years, a draft bill was released on June 3 that signals a major step towards bipartisan support for federal consumer privacy legislation. The...more
Key Points - Three of the four bipartisan leaders of the House and Senate committees with jurisdiction over data privacy have struck a deal on a comprehensive federal bill, the American Data Privacy and Protection Act,...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
The Commonwealth of Massachusetts is moving closer to passing consumer data privacy protection legislation with bipartisan support. The Joint Committee on Advanced Information Technology, the Internet and Cybersecurity...more
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
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
New York City tenants harboring “big brother” concerns over landlords abusing data collected through smart access (i.e., keyless entry) systems will soon be able to rest easier. Following California, Virginia, and the British...more
On 13 April 2021, the British Virgin Islands (“BVI” or “Virgin Islands”) became the latest jurisdiction to enact a comprehensive information privacy law when the territory published the Data Protection Act, 2021 (the “DPA...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
The days of only seeing biometric techniques in spy films are well behind us. A simple thumbprint can open a phone. Systems like Alexa can recognize your voice and play your favorite music. Some banks even allow customers to...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 17, 2020, the Canadian House of Commons introduced the Digital Charter Implementation Act, 2020 (“DCIA”), which includes the Consumer Privacy Protection Act (“CPPA”), a privacy focused arm of the legislation. The...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
Navigating the ever changing waters of consumer privacy could become much more challenging if the “It’s Your Data Act” (IYDA) is passed in New York. Some provisions of the proposed law may apply to any person or business,...more
As of January 1, 2020, the California Consumer Privacy Act of 2018 (CCPA) is now the law of the land, having gone into effect at the beginning of this year. One of the more complex issues concerning the CCPA pertains to the...more
The California Privacy Rights Act (CPRA) is going to be on the November 3 ballot. The CPRA would amend the California Consumer Privacy Act (CCPA) to provide a greater level of rights for consumers and more stringent...more
Everyone has been talking about the California Consumer Privacy Act (CCPA) lately, namely because the 2018 law became enforceable as of July 1, 2020. This law provides California consumers with a number of privacy-related...more
On Friday, August 14, California’s Office of Administrative Law (OAL) approved the final draft of the Attorney General’s (AG) regulations under the California Consumer Privacy Act (CCPA). Attorney General Xavier Becerra’s...more
The California Consumer Privacy Act provides some relief to financial institutions, but these carve-outs are not a “get out of jail free” card. Blank Rome’s David Oberly and First National Bank of Long Island’s Tanweer Ansari...more
California's sweeping new privacy law - the California Consumer Privacy Act (CCPA) - went into effect on January 1, 2020. For companies subject to the CCPA, the law ushered in numerous obligations regarding personal...more