News & Analysis as of

Consent Privacy Laws

Baker Donelson

Illinois Passes Extensive Law Regulating AI in Behavioral Health

Baker Donelson on

On August 4, 2025, Illinois enacted the Wellness and Oversight for Psychological Resources Act (HB 1806) (the Act), imposing sweeping restrictions on the use of Artificial intelligence (AI) in the delivery of therapy and...more

Rivkin Radler LLP

Aspen Dental Settles Data-Sharing Class Action

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Dental service organization (DSO) Aspen Dental has agreed to pay $18.7 million to resolve claims that it secretly shared web user data with Meta and Google, without obtaining users’ consent or informing them....more

Baker Donelson

Impact on Companies with Online Services as Children's Data Protection Gains Ground in Colorado

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Companies offering online services take heed: effective October 1, 2025, Colorado's new children's data protection framework is sending a clear signal of where the future of privacy and social media regulation is headed...more

Morgan Lewis

Colorado’s Proposed Teen Privacy Rules Signal New Era of State-Led Regulation

Morgan Lewis on

The Colorado Attorney General’s Office recently released proposed rule amendments to the Colorado Privacy Act (CPA) that, if adopted, would create some of the most robust protections for minors’ online data in the United...more

Ankura

Consent or Coercion? Unpacking Misleading Data Privacy Practices

Ankura on

11 Have you ever clicked "I agree" without really knowing what you are agreeing to? You are not alone, and businesses often rely on that. Consent is now the cornerstone of data privacy, including India's Digital...more

Skadden, Arps, Slate, Meagher & Flom LLP

Cookie Consent: Unpacking the UK ICO’s Proposed New Approach to Online Advertising

- What is new: The ICO is proposing to relax its enforcement of cookie consent requirements, meaning user consent would not be required for lower-risk advertising cookies. - Why it matters: The proposals aim to address...more

Miller Canfield

Senators Introduce Legislation to Curb Use of Personal Data and Copyrighted Works for Gen AI Training

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We recently discussed the legal developments related to fair use in AI training. Through a bipartisan bill titled the AI Accountability and Personal Data Protection Act (the “Bill”), introduced on July 21, 2025, U.S. Senators...more

Troutman Amin LLP

ATTENTION ATTENTION: Minnesota’s Data Privacy Act Is Now Law As Of Today- July 31, 2025!

Troutman Amin LLP on

Starting today, July 31, 2025, the Minnesota Consumer Data Privacy Act (“MCDPA”) officially takes effect. Signed by Governor Tim Walz in May 2024, this act majorly affects how the personal data of Minnesota residents is...more

Morris, Manning & Martin, LLP

New Laws Regulate How Companies Interact with Children's Data

If your business operates a website or provides online services that collect data about children, you should be aware of expanding legal requirements from U.S. states regulating how private companies interact with minors....more

White & Case LLP

Uncertainty in the UK GDPR consent framework

White & Case LLP on

The High Court's decision in RTM [2025] EWHC 111 (KB) raises several questions around the future of consent under the UK GDPR. Key takeaways - - The Court introduces a novel three-part test for assessing consent,...more

Ropes & Gray LLP

Pixel Litigation Risk at Financial Institutions

Ropes & Gray LLP on

An increasingly aggressive plaintiffs’ bar has brought purported class action suits based on the nearly ubiquitous use of tracking technologies used for website analytics. Although any actual harm to the plaintiffs is...more

Perkins Coie

Another Take on the TAKE IT DOWN Act

Perkins Coie on

The TAKE IT DOWN Act (the Act), enacted on May 19, 2025, is a powerful (and controversial) new tool designed to stop people from sharing “nonconsensual intimate imagery,” or NCII, online. The Act does two main things: it...more

Cozen O'Connor

Democratic AGs Sue HHS, DHS Over Alleged Health Data Sharing

Cozen O'Connor on

20 Democratic AGs sued HHS and DHS for allegedly sharing personal health data with ICE. The complaint alleges that the Centers for Medicare & Medicaid Services—a division of HHS—transferred millions of individuals’ Medicaid...more

Sheppard Mullin Richter & Hampton LLP

“Listen Up” if Your AI Policy Does Not Cover AI Recording Issues – Another Class Action Lawsuit Filed Over Third Party AI...

The use of AI recording tools has become prevalent. Companies’ policies addressing the legal issues with these tools is not yet as prevalent. If your company’s AI policy does not address these issues, it needs to be updated....more

Klein Moynihan Turco LLP

TCPA Compliance is Essential! Give Your Practices and Procedures a Facelift

On June 23, 2025, Nip & Tuck Plastic Surgery, LLC (“Defendant”) was sued in the Northern District of Georgia for allegedly violating the Do Not Call (“DNC”) provisions of the Telephone Consumer Protection Act (“TCPA”). DNC...more

Hinshaw & Culbertson - Privacy, Cyber & AI...

July 2025 Privacy Compliance Countdown: Key Deadlines for Five State Privacy Laws and DOJ's Bulk Sensitive Data Rule

In this Privacy, Cyber & AI Decoded alert, we cover Colorado’s Biometric Identifier Requirements, Delaware’s Data Protection Assessment Requirement, Minnesota’s new comprehensive privacy law going into effect, Tennessee’s...more

Blake, Cassels & Graydon LLP

Un tribunal albertain élargit la portée de l’exception relative aux renseignements accessibles au public

Dans l’affaire Clearview AI Inc v. Alberta (Information and Privacy Commissioner) (l’« affaire Clearview ») (en anglais), la Cour du Banc du Roi de l’Alberta (la « CBRA ») a élargi la portée de l’exception relative aux...more

Tarter Krinsky & Drogin LLP

Waves of Lawsuits Hit Businesses Over Website Tracking Pixels

Websites are ubiquitous, and so are cookies and tracking pixels (a/k/a web beacons). A web browser uses cookies to store login details and preferences; the cookies also track and profile user behavior. When visiting a...more

DLA Piper

Italy: Marketing Privacy Consent – Is Double Opt-In Now Mandatory?

DLA Piper on

A recent and far-reaching decision by the Italian Data Protection Authority (Garante) has significantly altered the rules governing marketing privacy consent in Italy, introducing a potential obligation to adopt a double...more

Troutman Pepper Locke

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

Troutman Pepper Locke on

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

Proskauer on Privacy

Ninth Circuit Reviews Website Tracking Class Actions and the Reach of California’s Privacy Law

Proskauer on Privacy on

The Ninth Circuit court of appeals reviewed three separate proposed class actions against Papa John’s International Inc., Converse Inc., and Bloomingdale’s, all centered on whether certain website tracking activities violated...more

Morrison & Foerster LLP

The New York Child Data Protection Act: What Businesses Need to Know About the Empire State’s New Teen Privacy Law

New York’s Child Data Protection Act (NYCDPA) has gone into effect, introducing sweeping new requirements for businesses that collect personal data from minors under 18. While New York has not yet joined the ranks of the...more

Nelson Mullins Riley & Scarborough LLP

The TAKE IT DOWN Act Targets AI-Generated and Authentic Nonconsensual Intimate Images

The Tools to Address Known Exploitation by Immobilizing Technological Deepfakes on Websites and Networks Act, the TAKE IT DOWN Act, a federal bipartisan effort to require covered platforms to remove nonconsensual intimate...more

Conyers

Bermuda SMS/MMS Marketing Guidance Note

Conyers on

Cross-border marketing of products or services by an overseas company (a body corporate incorporated outside of Bermuda) to customers in Bermuda could be construed as carrying on business in Bermuda and, if so, would be...more

Blake, Cassels & Graydon LLP

Alberta Court Expands Scope of the “Publicly Available” Exception to Consent Requirement Under Province’s PIPA

In Clearview AI Inc v. Alberta (Information and Privacy Commissioner) (Clearview), the Court of King’s Bench of Alberta expanded the scope of the “publicly available” exception to the consent requirement for the collection,...more

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