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The Evolution of Informed Consent in U.S. Courts
On August 1, 2025, a California federal jury found that Meta violated the California Invasion of Privacy Act (CIPA) by collecting data from the Flo Health app without the consent of the individuals who downloaded the app and...more
As mobile device applications continue to proliferate – magnified in no small part by the recent surge in artificial intelligence-related tools to facilitate creation of apps – they have become indispensable tools for...more
On April 24 2025, the French supervisory authority (CNIL) issued a draft recommendation to address challenges in collecting user consent for cookies and trackers across multiple devices (the Draft Recommendation). The new...more
This week, New York Attorney General Letitia James announced a settlement with app developer Saturn Technologies (Saturn) following an investigation into privacy practices that promised teens an exclusive community but...more
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
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
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
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
In a recent ruling, Canada’s Federal Court of Appeal held that Facebook, Inc. (now Meta Platforms Inc.) breached its obligations under Canada's Personal Information Protection and Electronic Documents Act (PIPEDA) by sharing...more
Editor's Note: In a significant study from MIT's CSAIL, researchers have unveiled vulnerabilities in smartphone ambient light sensors, highlighting them as potential channels for privacy breaches. This discovery underscores...more
The continued growth and dominance of e-commerce has ushered in a new frontier for businesses. In response to the progressive evolution from brick-and-mortar marketplaces to the current e-commerce dominant landscape,...more
In recent years, the use of clickbait and dark patterns has attracted the attention and scorn of state legislatures, the Federal Trade Commission (FTC), state attorneys general, consumer advocates and consumers. Three state...more
Since the beginning of 2021, more than two dozen class action cases have been filed in Florida state court under Florida's Security of Communications Act. The act has, in some form, been on the books for more than 50 years....more
When Apple announced that one of the major focuses of iOS 14 would be enhancing user privacy, many in the tech community had questions. How would these changes be rolled out? How would they affect not only the mobile...more
The Covid-19 pandemic has spawned a number of novel technologies aimed at suppressing the spread of the coronavirus. In China, for example, the most popular messaging and payment apps contain technology that requires a user...more
2.7 Million Dollar HIPAA Settlement – Last week, Oregon Health & Science University (“OHSU”) agreed to pay $2.7 million to resolve potential violations of the Health Insurance Portability and Accountability Act of 1996...more