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The Evolution of Informed Consent in U.S. Courts
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
As privacy enforcement ramps up, effectively managing opt-out requirements under state privacy laws is a top risk mitigation measure. But complying with opt-outs is not just a matter of providing a consumer-facing opt-out...more
New Jersey’s Office of Consumer Protection has prepared proposed rules for the New Jersey Data Privacy Act (NJDPA) (Proposed Rules). While the bulk of the Proposed Rules consist of recitations of the obligations found in the...more
Another month brings another California Privacy Protection Agency (CPPA) enforcement action, the agency's second enforcement action under the California Consumer Privacy Act (CCPA)....more
New California Consumer Privacy Act (CCPA) Regs are here, with comments open until June 2. There are a lot of issues to address, and a lot of work for companies to implement. We are talking about billions of dollars in...more
Keypoint: In its second non-data broker enforcement action for violations of the CCPA, the California Privacy Protection Agency entered into a stipulated final order with a retailer for a $345,178 administrative fine and...more
In Shah v. Capital One Financial Corporation, the Northern District of California handed down a ruling that may shape the trajectory of litigation involving tracking technologies, online privacy policies, and California’s...more
Businesses need to remain vigilant regarding recent developments in consumer-based data privacy class actions. In recent weeks, the plaintiff class action bar has filed several lawsuits against The Trade Desk Inc. related to...more
Video game developer Ubisoft, Inc. came out on top earlier this month in the Northern District of California when a judge dismissed, with prejudice, a class action claiming that the company’s use of third-party website pixels...more
As anyone who uses the internet can attest, cookies banners pop up on almost every type of website and offer a dizzying and often annoying array of approaches and options to consumers. It is difficult to parse through what...more
The following is sufficient consent for the Video Privacy Protection Act and the California Invasion of Privacy Act, according to a recent decision in the U.S. District Court for the Northern District of California....more
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
On March 12, 2025, the California Privacy Protection Agency (CPPA) announced a settlement with American Honda Motor Co. (Honda) over alleged violations of the California Consumer Privacy Act (CCPA). The CPPA investigated...more
The California Privacy Protection Agency (CPPA) issued a settlement order on March 12, 2025, with an vehicle manufacturer regarding its investigation of its privacy practices, where it agreed to a $632,500 settlement for 150...more
In late February, California lawmakers introduced new legislation that would impose sweeping restrictions on the use of location and tracking data. Known as the California Location Data Act (CLDA), this legislation goes a...more
On March 12, 2025, the California Privacy Protection Agency (the Agency) announced a settlement with American Honda Motor Company, Inc. (Honda) for multiple violations of the California Consumer Privacy Act (CCPA),...more
On March 12, 2025, the California Privacy Protection Agency (Agency) announced its first non-data broker enforcement action requiring a vehicle manufacturer to pay an administrative fine of $632,500 in connection with the...more
On March 10, 2025, California Attorney General Rob Bonta announced an investigative sweep targeting the location data industry for potential non-compliance with the California Consumer Privacy Act (the “CCPA”)....more
With artificial intelligence becoming increasingly commonplace in the entertainment industry, lawmakers are enacting legislation regulating the use of AI as well as state privacy laws that regulate the use of personal and...more
Businesses that track the geolocation of individuals—whether for fleet management, sales and promotion, logistics, risk mitigation, or other reasons—should closely monitor the progress of California Assembly Bill 1355 (AB...more
Over the last several years, litigation (often class actions) premised on the use of technology like session-replay products, web beacons, pixels, and cookies has proliferated. Typical theories include plaintiffs claiming...more
Almost every business has a website; every website should have a privacy policy, terms of use, and, in some cases, a consumer privacy rights notice—if certain state consumer privacy rights laws apply to your business, such as...more
Welcome to the twentieth installment in our monthly data privacy litigation report. We prepare these reports to provide updates on how courts in the United States have handled emerging data privacy trends. After our expansive...more
Keypoint: Last week saw a flurry of activity across numerous states, including bills advancing in Virginia, Oklahoma, Washington, Utah, and South Carolina, while lawmakers continued to introduce bills across the country. ...more
Following our recent client alert, learn more about enforcement targeting website tracking technologies and the impact on organizations in 2025. Elliot Golding and David Saunders share further insights from working with...more