News & Analysis as of

Consent Consumer Protection Laws Privacy Laws

Troutman Pepper Locke

New Wave of Privacy Litigation: Plaintiffs Press Untested Theories Under 2005 Colorado Prevention of Telemarketing Fraud Act

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In what appears to be an emerging privacy litigation trend, plaintiffs’ attorneys have recently filed a series of putative class action lawsuits targeting data companies in possession of cellular telephone numbers. The...more

Woods Rogers

Virginia Consumer Protection Act Amendments Restrict Collection, Use, or Sharing of Health Information

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On March 24, 2025, Senate Bill 754 (pdf) was signed into law amending the Virginia Consumer Protection Act (VCPA), the Commonwealth’s general consumer protection law. The VCPA was originally passed in 1977 as remedial...more

Husch Blackwell LLP

Analyzing Virginia’s New PRA for Protecting Consumer Reproductive and Sexual Health Information

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Keypoint: A new Virginia law prohibits the collection, use, or sharing of reproductive or sexual health information without consent and provides Virginians with a private right of action for at least $500 per violation. As...more

Wiley Rein LLP

Virginia Enacts Amendments to Consumer Protection Act

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Virginia recently amended its Consumer Protection Act (the Act) to provide enhanced protection for reproductive and sexual health information. These protections take effect on July 1, 2025. The amendment prohibits a...more

McDermott Will & Schulte

Virginia Strengthens Reproductive Health Data Protections

On March 24, 2025, the governor of Virginia signed into law Senate Bill 754, which amends the Virginia Consumer Protection Act (VCPA) to restrict the collection, use, sale, or sharing of personally identifiable reproductive...more

Klein Moynihan Turco LLP

Use of Tracking Tools Requires Notice and Consent!

When browsing the internet, consumers are accustomed to being presented with advertisements for products for which they previously had searched. Through use of third-party tracking tools, companies are able to monitor visitor...more

Herbert Smith Freehills Kramer

Privacy Regulators Target the Location Data Industry

On March 10, 2025, California Attorney General Rob Bonta (AG) announced an “ongoing investigative sweep” into the use of consumer location data by mobile app providers, advertising networks and data brokers. The AG sent...more

Orrick, Herrington & Sutcliffe LLP

Petition urges FCC to clarify Telephone Consumer Protection Act, curb litigation abuse

On March 11, the FCC released a Public Notice seeking comment on a petition for a declaratory ruling and/or waiver filed by petitioners who request the FCC clarify its Telephone Consumer Protection Act (TCPA) rules. The...more

Klein Moynihan Turco LLP

Petition to FCC Seeks TCPA Ruling and Clarification

Given the surge in Telephone Consumer Protection Act (“TCPA”) litigation, an advocacy firm recently petitioned the Federal Communications Commission (“FCC”) for a declaratory ruling and clarification concerning the FCC’s...more

Bradley Arant Boult Cummings LLP

FCC’s New Consent Revocation Rule Set to Take Effect in April 2025

The Federal Communications Commission (FCC) has a new rule under the TCPA for revocation of consent for robocalls and text messages set to go into effect on April 11, 2025. This rule is designed to give consumers greater...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

Klein Moynihan Turco LLP

Refer a Friend Promotions? Get Consent!

On February 25, 2025, the United States District Court for the Western District of Washington issued a cautionary decision for all businesses that employ “Refer a Friend” promotions. In Jensen v. Capital One Financial Corp.,...more

Orrick, Herrington & Sutcliffe LLP

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

On February 10, 2025, a Washington state resident filed a lawsuit on behalf of herself and similarly situated individuals against Amazon under the Washington My Health My Data Act (MHMD). This is the first lawsuit brought...more

Klein Moynihan Turco LLP

Current TCPA and Medicare Marketing Landscape

As our readers know, a recent federal court decision left the fate of the Federal Communications Commission’s (“FCC”) one-to-one consent rule under the Telephone Consumer Protection Act (“TCPA”) on life support, at best....more

Husch Blackwell LLP

First Washington My Health My Data Act Class Action Lawsuit Filed

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On February 10, 2025, a class action lawsuit was filed against an online retailer under the Washington My Health My Data (MHMD) Act’s private right of action. The complaint also alleges violations of federal wiretapping and...more

Troutman Pepper Locke

Eleventh Circuit Re-Opens TCPA “Lead Generator Loophole” and Signals Further Erosion of Judicial Deference to Administrative Rules

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In Insurance Marketing Coalition Ltd. v. FCC, ‎— F.4th —-, 2025 WL 289152 (11th Cir. Jan. 24, 2025)‎, the U.S. Court of Appeals for the Eleventh Circuit came to the rescue of the lead generation industry, striking down new...more

Fox Rothschild LLP

Valid Consent: General Public vs. Gamblers

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A new decision by the United Kingdom’s high court says that even if you have cookie and marketing consent mechanisms that are sufficient for valid consent under privacy laws for the general public, they may not be enough for...more

Sheppard Mullin Richter & Hampton LLP

States Continue to Step in to Safeguard Genetic Information

Utah’s governor recently signed into law SB 227, creating the Genetic Information Privacy Act (GIPA). The law, which is anticipated to go into effect in May, is aimed at protecting genetic data collected from...more

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