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Consumer Privacy Rights Prior Express Consent

Robinson+Cole Data Privacy + Security Insider

Skin360 App Can’t Escape Scrutiny under Illinois Biometric Law

A federal district court has denied a motion by Johnson & Johnson Consumer Inc. (JJCI) to dismiss a second amended complaint alleging it violated the Illinois Biometric Information Privacy Act (BIPA) by collecting and storing...more

Ballard Spahr LLP

California Proposes CCPA Update on Location Data Rules

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On February 21, 2025, representatives in the California legislature introduced California Assembly Bill 1355, also known as the California Location Privacy Act (“AB 1355”).  AB 1355 seeks to amend the California Consumer...more

Redgrave LLP

Youth Online Privacy in 2024 and Beyond

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As we look back at 2024 and what the new year might bring in the data privacy space, one particular aspect stands out as a focus: youth online privacy and safety. ...more

Quarles & Brady LLP

Takeaways from First Washington My Health My Data Act Complaint

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It took some time, but we officially have the first complaint filed alleging violations of the Washington My Health, My Data Act (“MHMDA”). The complaint, filed February 10 in the U.S. District Court Western District of...more

Mintz - Technology, Communications & Media...

Telephone and Texting Compliance News: Litigation Update — Eleventh Circuit Knocks Out One-to-One Consent

Just one business day before the FCC’s one-to-one consent rule was set to go into effect, the rule became no more following the Eleventh Circuit’s decision in Insurance Marketing Coalition v. FCC....more

Moritt Hock & Hamroff LLP

11th Circuit Vacates FCC’s TCPA 1:1 Consent Rule

In an eleventh-hour play, on January 24, 2025, the Eleventh Circuit issued a decision that vacated the Federal Communication Commission’s (FCC) One-to-One Consent Rule, which was all set to go into effect on January 27, 2025....more

Venable LLP

Washington's My Health My Data Act - Are You Prepared?

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Washington's My Health My Data Act (MHMDA) goes into effect on March 31, 2024, for most entities subject to the law. The MHMDA imposes new notice and consent requirements for the processing of "consumer health data," with...more

Ballard Spahr LLP

New FCC rule on TCPA consent for advertising and telemarketing calls and texts will significantly impact callers who obtain...

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By a vote of 4-1, the Federal Communication Commission (FCC) adopted a new rule amending its regulations implementing the Telephone Consumer Protection Act (TCPA) to close what it refers to as the “lead generator loophole.”  ...more

BakerHostetler

Staying Fit in the Data Game: A Business Rx for State Consumer Health Data Laws

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In the wake of the landmark Dobbs v. Jackson Women’s Health Organization decision, state consumer health data laws have emerged as a critical focal point in the rapidly evolving landscape of how consumer health data will be...more

Burr & Forman

Florida Enacts Significant Amendment to Telephone Solicitation Act

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In July, 2021, the Florida Telephone Solicitation Act, F.S.A. § 501.059 (“FTSA”), was amended to create a private right of action for those receiving marketing calls and text messages, giving rise to an onslaught of...more

Kilpatrick

Why “Secondary Uses” of Data Should be your Primary Concern: New Consent Requirements under California’s CCPA and Colorado’s CPA

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One internet search of the CCPA or the CPA reveals a plethora of articles outlining standard data protection requirements under those laws, from privacy notice requirements to new mandatory contractual provisions. But the...more

Nelson Mullins Riley & Scarborough LLP

Obtaining Consent for Privacy Practices

By now, most businesses are aware of the growing requirements to provide notice to consumers regarding how a business uses and discloses personal information. In addition to existing regulations, five new privacy laws will go...more

Shipkevich PLLC

FCC Rules Ringless Voicemails Fall Under TCPA and Require Consumer Consent

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On November 21, 2022, the Federal Communications Commission (FCC) released a Declaratory Ruling and Order (“Order”) holding that ringless voicemails to wireless phones require consumer consent. The FCC further held that...more

Womble Bond Dickinson

Recreational DNA Industry May Take Liberties With Consumer Data

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Companies collecting consumer DNA for non-medical purposes seem to be playing fast and loose with their customers’ data, according to a well-regarded consumer watchdog. This category of private money makers, which could...more

Dorsey & Whitney LLP

Start Your Data Compliance Countdown! Colorado Becomes Third US State to Enact Privacy Law

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Certain Colorado companies and others targeting Coloradans will soon be subject to the newly enacted Colorado Privacy Act (“CPA”), signed into law by Gov. Jared Polis on July 8, 2021. Colorado joins California and Virginia as...more

Hogan Lovells

CPRA Countdown: New rules for consent in California, but only in limited use cases

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Consent is newly defined by the California Privacy Rights Act (CPRA). While this new definition of consent—which highlights specific, informed, and freely-given actions—closely aligns with the European Union’s General Data...more

Akin Gump Strauss Hauer & Feld LLP

Senate Commerce Republicans Introduce Broadened Privacy Legislation

On Thursday, September 17, Senate Commerce Committee Chairman Roger Wicker (R-MS) and other Committee Republicans introduced a finalized version of their long-awaited data privacy legislation, which was first unveiled as a...more

Carlton Fields

Genetic and COVID-19 Testing Companies Set To Be Regulated in California

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In the last days of the most recent legislative session, the California State Legislature was busy passing several privacy bills set to impact businesses. The most recent, the Genetic Information Privacy Act, would require...more

Carlton Fields

The Final CCPA Regulations May Be Ready, But Is Your Business?

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After what seemed like a set of fits and starts for the California Consumer Privacy Act (CCPA), which went into effect on January 1, 2020, California Attorney General Xavier Becerra announced the approval of the final...more

Troutman Pepper Locke

California Consumer Privacy Act Enforcement Series: Failing to Provide Adequate Notice at Collection

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Enforcement of the California Consumer Privacy Act (CCPA) began July 1, 2020. Our privacy team at Troutman Pepper includes several attorneys who worked in an attorney general’s office. This privacy regulatory team has...more

BCLP

Are companies required under the CCPA to get employees’ consent before collecting their personal information?

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No. The CCPA does not require that a company obtain the consent (or the “opt-in”) of a person before collecting or using their personal information. The concept of consent only arises within the CCPA if a company intends...more

Carlton Fields

Real Property, Financial Services, & Title Insurance Update: Week Ending January 31, 2020

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Real Property Update - HOA / Contracts: Trial court erred by entering a post-judgment enforcement order requiring the association to assign its riparian rights to plaintiff pursuant to an enforceable settlement agreement,...more

Bradley Arant Boult Cummings LLP

Eleventh Circuit Endorses Narrow Definition of TCPA Autodialer Creating Circuit Split

On January 27, 2020, a federal court of appeals issued a significant decision interpreting the Telephone Consumer Protection Act (commonly referred to as the “TCPA”) in a way that limits the expansive potential liability...more

Burr & Forman

Glasser v. Hilton: Citing Principles of Statutory Interpretation, the Eleventh Circuit Drastically Reduces the Scope of TCPA

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The Telephone Consumer Protection Act (“TCPA” or the “Act”) has limited telephone calls that can be placed using certain automated equipment since 1991.  However, since passage of the Act there has been considerable debate...more

McDermott Will & Schulte

Comprehensive Federal Privacy Law Still Pending

The California Consumer Privacy Act (CCPA) has forced companies across the United States (and even globally) to seriously consider how they handle the personal information they collect from consumers. By its terms, however,...more

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