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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
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
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
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 March 10, 2025, the Belgian Data Protection Authority (BDPA) updated its 2020 guidance on the processing of personal data for direct marketing purposes (see the updated guidance here in French and in Dutch)....more
Digital health care companies have navigated a wave of new developments at the Federal Trade Commission (FTC) over the past few years. With new leadership in the Trump Administration, the FTC may be poised to change some of...more
A groundbreaking law in Utah is poised to shake up how minors access apps. Earlier this month, Utah’s state legislature passed S.B. 142 (App Store Accountability Act), which requires major app store providers to verify users’...more
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
On January 16, 2025, the Federal Trade Commission (FTC) issued a Final Rule updating the Children’s Online Privacy Protection (COPPA) Rule, significantly expanding compliance obligations for online services that collect, use,...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
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
On January 22, Nebraska state Senator Mike Jacobson (R), at the request of Governor Jim Pillen (R), introduced the Agriculture Data Privacy Act (LB525). This is a first-of-its kind privacy bill that would specifically...more
On January 13, 2025, Texas Attorney General Ken Paxton (“Texas AG”) filed the first-ever enforcement action under the Texas Data Privacy and Security Act (“TDPSA”) against insurance company Allstate and its subsidiary, Arity...more
On January 22, 2025, the New York State Assembly and Senate rapidly passed the wide-ranging New York Health Information Privacy Act (“NY HIPA”). If not vetoed by Governor Kathy Hochul, NY HIPA would be the fourth enacted...more
The Texas Attorney General has emerged as a significant regulatory enforcement authority for data privacy in the US. Traditionally, data privacy enforcement in the US has emanated from the Federal Trade Commission and other...more
If you’re in recruiting, you know that AI is thrown around a lot. AI in recruiting is no longer a concept to keep an eye on for the future. It’s here, reshaping how businesses find talent and build hiring processes....more
Ask a compliance officer to name their top worry about artificial intelligence, and odds are they will blurt out something to do with privacy. That doesn’t just tell us what the risks of AI are – it also gives us hints about...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
The Federal Trade Commission (“FTC”) finalized changes to the Children’s Online Privacy Protection Act (“COPPA”) Rule today, making the first updates to the Rule since 2013. In January 2024, the FTC proposed changes to the...more
On December 6, 2024, the Colorado Attorney General’s Office notified the public that it adopted the updated Colorado Privacy Act (CPA) Rules, as a follow-up to the amendments to the CPA made earlier in the year (collectively,...more
The Colorado AG’s office adopted draft amendments to the Colorado Privacy Act rules last month. The adopted draft reflected input from the public to AG’s September 2024 version and addresses three key issues. First, on...more
Would you like some milk with those website cookies? We know the common privacy joke. However, website cookies and online tracking technologies (collectively, “cookies”) are increasingly no joking manner as they can create...more
AI tools often drive efficiency and save money, but they have drawbacks. Here’s what to know....more
Washington’s My Health My Data Act implements strict—and separate—consent requirements for the collection and sharing of an individual’s health data, with few exceptions. As of March 31, 2024 the Washington My Health My...more
This post is part of a series of articles we are doing on 2023 data protection litigation trends. Since its enactment in 2008, Illinois’s Biometric Information Privacy Act (BIPA) has produced a wave of privacy-related...more