News & Analysis as of

Customer-Loyalty Programs Data Collection Consumer Privacy Rights

Fisher Phillips

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

Fisher Phillips on

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

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

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

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...

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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

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

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 provide a privacy notice in conjunction with a loyalty program?

BCLP on

Generally, yes. To the extent that a loyalty program collects personal information, it is required to provide a privacy notice consistent with the CCPA. One of the rights granted to individuals under the CCPA is the...more

BCLP

CCPA Privacy FAQs: What rights does a consumer have in relation to a loyalty program?

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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

BCLP

Stop the CCPA Fearmongering: Retailer Loyalty Programs Will Survive

BCLP on

Anytime a new statute or regulation comes along, some law firms unfortunately flag issues that may not be of true concern to companies, or highlight problems that may not, in fact, exist. Unfortunately, that continues to...more

Ballard Spahr LLP

California Legislature Adopts Five Amendments to CCPA, But Largely Rejects Industry Efforts

Ballard Spahr LLP on

On September 13, 2019—the last day of the legislative session—California lawmakers approved five amendments intended to clarify the scope of the California Consumer Privacy Act (the “CCPA”), but rejected several...more

Seyfarth Shaw LLP

CCPA Amendments – Employees and the Loyalty Program Change Nobody is Talking About

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Those interested in keeping up with the latest news impacting the California Consumer Privacy Act have been heavily focused on AB 25, and its potential to exclude employees from the scope of the CCPA. In a marathon late-night...more

Holland & Knight LLP

California Consumer Privacy Act Update: Assembly Approves 12 Amendments - Changes Would Exclude Employees and Vehicle Information,...

Holland & Knight LLP on

• California's protracted legislative and regulatory process has complicated the landscape for businesses needing to implement the operational, technical and procedural changes required by the California Consumer Privacy Act....more

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