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Customer-Loyalty Programs Consumer Privacy Rights

Fisher Phillips

Proposed New Jersey Regulations Would Require Major Privacy Compliance Shifts for Businesses

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New Jersey officials recently released proposed privacy regulations that would create several new compliance obligations for businesses above and beyond what existing state law and many other state laws require, meaning you...more

Troutman Pepper Locke

New Jersey Releases Proposed Privacy Regulations

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On June 2, the New Jersey Division of Consumer Affairs announced the publication of new proposed regulations to implement the New Jersey Data Privacy Act (NJDPA), N.J. Stat. §§ 56:8-166.4 et seq., which went into effect on...more

Cozen O'Connor

New Jersey Privacy Law

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On January 16, Governor Murphy signed legislation requiring legal entities who collect consumer information to make certain disclosure to consumers. The law further requires that businesses provide consumers with an option to...more

Sheppard Mullin Richter & Hampton LLP

The Comprehensive Privacy Law Deluge: Impact on Loyalty Programs

Among the various requirements under US state comprehensive privacy laws, those that relate to loyalty programs may be some of the most confusing. Only three states — California, Colorado and Florida — regulate these...more

BCLP

Colorado’s “Loyalty Program” regulations are final, and they blow California’s rules out of the water

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On March 15, 2023, the Colorado Attorney General’s Office announced the finalization of the Regulations implementing the Colorado Privacy Act (CPA), which will take effect on July 1, 2023. Covered businesses that make use of...more

WilmerHale

CA AG Announces First Public CCPA Enforcement Decision

WilmerHale on

On August 24, 2022, California Attorney General Rob Bonta (“CA AG”) announced a $1.2 million settlement with Sephora, Inc. (“Sephora”), marking the first announced enforcement action under the California Consumer Privacy Act...more

Stradling Yocca Carlson & Rauth

Navigating the Financial Incentive Requirement of the California Consumer Privacy Act

Since its enactment at the beginning of 2020, the California Consumer Privacy Act (CCPA) has garnered a significant amount of attention. The watershed legislation, which is intended to strengthen privacy rights in the state...more

Akin Gump Strauss Hauer & Feld LLP

California AG Sweeps Business Loyalty Programs for CCPA Noncompliance

On January 28, 2022, the California Attorney General (AG) announced an “investigative sweep” of businesses operating loyalty programs in the state, which it launched by sending multiple businesses notice of noncompliance with...more

Fisher Phillips

4 Takeaways for Businesses as California AG Targets Loyalty Rewards Programs

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The California Attorney General put loyalty rewards programs directly in his sights when he recently announced an “investigative sweep” of a number of businesses operating such programs in state. While it is lawful for...more

Robinson & Cole LLP

Data Privacy + Cybersecurity Insider - February 2022

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CYBERSECURITY - FBI Warns Olympics/Paralympics Participants of Cyber “Activities” - On January 31, 2022, the FBI issued a Private Industry Notification entitled “Potential for Malicious Cyber Activities to Disrupt the...more

Husch Blackwell LLP

Analyzing the CCPA’s Notice of Financial Incentive Requirement in the Wake of the Attorney General’s Issuance of Violation Notices...

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Keypoint: With the CCPA’s “right to cure” violations expiring at the end of the year, businesses should take note of the AG’s recent enforcement efforts and, to the extent necessary, provide the requisite notice of financial...more

Robinson+Cole Data Privacy + Security Insider

CAAG Announces Investigative Sweep of Loyalty Programs’ Compliance with CCPA

California Attorney General Rob Bonta is serious about compliance with the California Consumer Privacy Act (CCPA). So serious, that on January 28, 2022, also known as Data Privacy Day, he announced that his office was...more

American Conference Institute (ACI)

[Virtual Event] Advertising & Marketing Law - January 19th - 21st, 8:15 am - 1:15 pm EST

Be part of this renowned event which shape the law, policy and proceedings of Canadian advertising and marketing law. Attend the Canadian Institute’s 27th Annual Virtual Conference on Advertising & Marketing Law to delve...more

BCLP

Does the CCPA require that the benefits conferred by a loyalty program be “reasonably related” to the value of a consumer’s data...

BCLP on

Arguably no. The CCPA makes clear that a business can offer different prices or rates to consumers as part of a financial incentive program if those different prices or rates are “directly related to the value provided to...more

BCLP

What rights does a consumer have in relation to a loyalty program under the CCPA?

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Loyalty programs are structured in a variety of different ways.  Some programs track dollars spent by consumers, others track products purchased. Some programs are free to participate in, others require consumers to purchase...more

BakerHostetler

The Sky Is Not Falling on Loyalty Programs – CCPA Regs Support Flexibility

BakerHostetler on

On March 11, the California Attorney General released revised draft regulations for the California Consumer Privacy Act (CCPA). This third version of the revised regulations is available here. The comment period for those...more

Akin Gump Strauss Hauer & Feld LLP

Washington State Lawmakers Divided Over Private Right of Action and Other Relief in Dueling Data Privacy Bills

- The Washington state Senate has passed its version of a consumer data privacy bill as state lawmakers debate proposed legislation for the Washington Privacy Act, the state’s first data privacy law. - In their own bill,...more

Foster Garvey PC

OTA & Travel Distribution Update: Booking.com agrees to EU demands to change travel offers, also signs deal with Google Nest;...

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Our holiday-abbreviated OTA & Travel Distribution Update is below. Happy Holidays....more

Holland & Knight LLP

California Attorney General Releases Draft Regulations on the California Consumer Privacy Act: New Requirements Have Potentially...

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The California Attorney General Xavier Becerra on Oct. 10, 2019, released the proposed text for the California Consumer Privacy Act Regulations (Regulations). The Regulations are intended to guide businesses on CCPA...more

Orrick, Herrington & Sutcliffe LLP

California Governor Signs CCPA and Breach Notification Statute Amendments into Law

With the January 1, 2020 effective date of the California Consumer Privacy Act (the “CCPA”) rapidly approaching, all eyes have been on the California legislature’s consideration of a robust suite of amendments that would...more

BCLP

CCPA Privacy FAQs: If a business shares information through its loyalty program with a third party fulfillment company, is it...

BCLP on

Probably not. The CCPA broadly defines the term “sale” as including the act of “disclosing” or “making available” personal information “for monetary or other valuable consideration” from one business to another. The...more

BCLP

CCPA Privacy FAQs: If a business allows consumers to redeem loyalty program benefits for products or services offered by a...

BCLP on

No. The CCPA broadly defines the term “sale” as including the act of “disclosing” or “making available” personal information “for monetary or other valuable consideration” from one business to another. In the context of...more

BCLP

CCPA Privacy FAQs: Is a business required to delete loyalty program information if it receives a deletion request from an inactive...

BCLP on

Typically no. Loyalty programs are typically permitted to deny a deletion request from an active member as information that was collected about the member from third party sources is outside the scope of the deletion right...more

BCLP

CCPA Loyalty Club FAQ: Is a Retailer Required to Delete Information Concerning a Loyalty Member?

BCLP on

Typically no. Loyalty programs can be, and are, structured in a variety of different ways.  Some programs track dollars spent by a consumer, others track products purchased.  Some programs are free to participate in,...more

BCLP

CCPA Privacy FAQs: Is a business required to delete loyalty program information if it receives a deletion request from an active...

BCLP on

Typically no. Loyalty programs can be, and are, structured in a variety of different ways.  Some programs track dollars spent by a consumer, others track products purchased.  Some programs are free to participate in,...more

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