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Blank Rome LLP

Ninth Circuit Upholds Converse’s Win in CIPA Chat Case: What the Gutierrez v. Converse Decision Means for Online Businesses

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Introduction - The intersection of digital customer service tools and privacy law continues to generate high-stakes litigation, especially in California, where the California Invasion of Privacy Act (“CIPA”) has become a...more

Fisher Phillips

Healthline to Pay $1.55M for Alleged CCPA Violations: Key Lessons for Businesses from Largest Settlement Yet

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Healthline Media has agreed to pay $1.55 million to resolve allegations that it violated the California Consumer Privacy Act (CCPA) – which is the largest settlement to date under the state’s landmark privacy law. The...more

Jackson Lewis P.C.

Litigation Trend Alert: Breach of Contract and Warranty Claims Based on Privacy Policies

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A recent series of articles by the International Association of Privacy Professionals discusses a trend in privacy litigation focused on breach of contract and breach of warranty claims. Practical Takeaways- • Courts are...more

Seyfarth Shaw LLP

CPPA Underscores That Businesses Own CCPA Compliance – Even When Privacy Management Tools Fail

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The California Privacy Protection Agency (“CPPA”) has made it abundantly clear: privacy compliance isn’t just about publishing the right disclosures – it’s about whether your systems actually work. On May 6, the agency fined...more

Faegre Drinker Biddle & Reath LLP

Courts Reject Theoretical Privacy Violations Due to Lack of Standing

Courts across the country are becoming skeptical of data breach and web tracking claims that assert theoretical privacy violations without alleging any actual injury to the plaintiffs. Recent decisions underscore that courts...more

Fisher Phillips

Businesses Get Big Privacy Win in Tester Plaintiffs’ Wiretapping Case: 3 Key Takeaways

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In a big win for businesses, a California federal court just held that a “tester” plaintiff – someone who visits websites for purposes of initiating litigation – cannot bring a claim under the California Invasion of Privacy...more

Husch Blackwell LLP

U.S. Privacy Litigation Update: January 2025

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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

Fisher Phillips

Tide May Be Turning in Businesses’ Favor After Key California Court Decisions in Website Tracking Cases

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Two recent court decisions have provided businesses with long-awaited clarity on the reach of the California Invasion of Privacy Act (CIPA) – and could begin to redefine digital privacy litigation for the better. Two separate...more

Holland & Knight LLP

FTC Cracks Down on Selling Sensitive Location Info, Restricts Use of Consumer Data for 1st Time

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The Federal Trade Commission (FTC) announced two significant enforcement actions last week – one against data broker Mobilewalla, Inc. and the other against data analytics provider Gravy Analytics, Inc. (and its subsidiary...more

Husch Blackwell LLP

U.S. Privacy Litigation Update: August 2024

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Keypoint: California district courts continue to split over whether “knowledge” is required to plead liability under Section 631(a)’s fourth prong while two decisions show courts taking different approaches to VPPA claims at...more

Fisher Phillips

Disclosure of Data Through Website Cookies May Be a Data Breach – What A Recent Court Ruling Means for Healthcare Businesses

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A California federal court recently ruled that disclosure of certain data collected through website cookies that may qualify as health information could trigger a data breach under the California Consumer Privacy Act (CCPA) –...more

Husch Blackwell LLP

U.S. Privacy Litigation Update: May 2024

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Keypoint: The Central District of California issued several wiretapping decisions in May while two decisions on the VPPA illustrate how claims fail or succeed at the pleading stage. Welcome to the fourteenth installment in...more

Husch Blackwell LLP

Privacy Litigation Alert: Two California decisions weigh in on pen registry and “tap and trace” tech claims – but reach different...

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Keypoint: Two California state court decisions have addressed motions to dismiss claims under the novel “pen registry” and “tap and trace” theories, but reached different outcomes after finding different policy considerations...more

Husch Blackwell LLP

U.S. Privacy Litigation Update: January 2024

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Keypoint: Courts resolved six motions to dismiss wiretapping claims based on session replay technology in January, while two VPPA decisions highlight balance struck by courts. A new privacy litigation theory based on “pen...more

Coblentz Patch Duffy & Bass

Plaintiffs Continue Website Privacy Lawsuits Using 35-Year-Old Statute

In 1988, Congress enacted the Video Protection Privacy Act (“VPPA”) in response to the confirmation hearing of Judge Robert Bork, where his video rental history was disclosed during his Supreme Court confirmation hearing....more

Foley Hoag LLP - Security, Privacy and the...

Time to Update Your Cookie Banners? Helpful Guidance from the European Data Protection Board on Bad Cookie Banner Practices

When it comes to website privacy compliance, cookies have consistently presented the most fraught issues for U.S. businesses.  This is especially true for those businesses that find themselves in a sometimes new or often...more

Katten Muchin Rosenman LLP

More California Invasion of Privacy Act Claims Expected Following Ninth Circuit Decision

In an unpublished decision issued May 31 by the US Court of Appeals for the Ninth Circuit, the Court interpreted the California Invasion of Privacy Act, CA Penal Code § 630 et seq. (CIPA), and ruled that the plaintiff had...more

Robinson+Cole Data Privacy + Security Insider

Dark Patterns and the CCPA: How Your Website Can Comply

The California Attorney General recently approved modified regulations under the California Consumer Privacy Act (CCPA). One part of the modified regulations bans “dark patterns” on a website. What are dark patterns?...more

Mintz - Privacy & Cybersecurity Viewpoints

Alleged Privacy Law Violations Create Potential $5 Billion Issue For Google

In a proposed class action lawsuit filed in the U.S. District Court for the Northern District of California, Google is facing a potential $5 billion class action for alleged privacy law violations. The complaint alleges that...more

Shook, Hardy & Bacon L.L.P.

Florida’s Proposed Privacy Legislation: An In-Depth Analysis for Corporate Counsel

The Florida Senate and House of Representatives are considering two bills (SB 1670 and HB 963) that, if adopted, will amend Florida law to create the state’s first comprehensive privacy law (though they do not go nearly as...more

Carlton Fields

Florida’s Legislature to Consider Consumer Data Privacy Bill Akin to California’s CCPA

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Florida lawmakers have proposed data privacy legislation that, if adopted, would impose significant new obligations on companies offering a website or online service to Florida residents, including allowing consumers to “opt...more

BCLP

Survey of Fortune 500 Companies’ Privacy Representations - December 2019

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With the enactment of the European General Data Protection Regulation (“GDPR”) and the California Consumer Privacy Act ("CCPA”), companies have been forced to cope with a shifting privacy landscape that impacts the data that...more

Foley & Lardner LLP

The Nevada Privacy Law Is No CCPA, but Beware of Noncompliance

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This week, on October 1, 2019, the Nevada State Privacy law goes into effect. Nevada residents can look forward to a limited right to opt out of sales of personal information. Businesses subject to both laws will be pleased...more

Akin Gump Strauss Hauer & Feld LLP

New Nevada Privacy Law Takes Effect in October - Comparison of Nevada Law to CCPA

On May 29, 2019, Nevada’s governor approved a new privacy law, Senate Bill 220 (“SB 220”). SB 220 amends existing state law that requires operators of websites and online services (“Operators”) to post privacy notices on...more

Moore & Van Allen PLLC

US Data Breach and Privacy 2019 Legislative Recap

A few weeks ago, Texas signed into law an amendment to its data breach law, capping off a busy first half of 2019 for state lawmakers in this arena. As we gear up for the second half of 2019, we thought a recap was...more

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