News & Analysis as of September 6, 2025

Private Right of Action

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Follow this channel for advisories on one of the biggest threats to businesses today. Read a morning brief of fresh guidance and commentary by leading lawyers on security, privacy, risk management, global regulations, data protection, leaks, hacking, cyber insurance, compliance, HIPAA, and every other aspect of cybersecurity of import to corporate readers right now. less -

We get Privacy for work — Episode 8: The Surge in Data Breach Lawsuits: Trends and Tactics

Jackson Lewis P.C. on 8/28/2025

Class action lawsuits in response to data breaches have skyrocketed as plaintiffs look to take advantage of courts’ perceived leniency regarding standing. ...more

U.S. Privacy Litigation Update: May 2024

Husch Blackwell LLP on 6/13/2024

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

Vermont Slated to Grant a Private Right of Action to Consumers in New Data Privacy Bill

Burr & Forman on 5/20/2024

As Vermont joins the growing number of states with comprehensive consumer data privacy laws, it stands out from the crowd with the ability of Vermonters to bring a private right of action (PRA) against large data holders. In...more

The American Privacy Rights Act (APRA): What to Expect?

Osano on 4/24/2024

The U.S. is taking another swing at a federal data privacy law with the American Privacy Rights Act, or APRA. While there’s no guarantee that the APRA will become the law of the land, it’s still worthwhile to study in order...more

Preparing for New State Privacy Laws in 2024

Paul Hastings LLP on 11/1/2023

As we enter into the final few months of the year, it is important for companies operating in the United States to not only assess the implementation of the compliance requirements for the four new comprehensive state privacy...more

Cybersecurity and Data Privacy Developments

Bond Schoeneck & King PLLC on 8/16/2022

The cybersecurity and data privacy legal landscape continues its rapid evolution. Below is an outline of some of the most significant developments in the last quarter. Federal Legislation: In June, a bipartisan...more

Analyzing the American Data Privacy and Protection Act’s Private Right of Action

Husch Blackwell LLP on 8/2/2022

Keypoint: As currently drafted, the ADPPA’s private right of action provides U.S. citizens with the opportunity to enforce their privacy rights but limits lawsuits to federal court and provides covered entities and service...more

National Privacy Law: Bipartisan Proposed Legislation Regarding Privacy Released

Wiley Rein LLP on 6/10/2022

On June 3, 2022, Senator Wicker (R-Miss.), Ranking Member of the Senate Commerce Committee, and Representatives Pallone (D-N.J.) and Rodgers (R-Wash.), Chairman and Ranking Member of the House Energy and Commerce Committee,...more

New Utah Privacy Law Largely Overlaps with Existing State Statutes

McGuireWoods LLP on 4/4/2022

The Utah Consumer Privacy Act (“UCPA”) passed by the Utah legislature was signed into law by Governor Spencer Cox on March 24, 2022 and becomes effective December 31, 2023. While companies conducting business in Utah will...more

Utah Becomes the Fourth State to Pass Comprehensive Privacy Law

Blank Rome LLP on 3/29/2022

Following in the footsteps of California, Virginia, and Colorado, Utah has become the fourth state to pass its own comprehensive privacy law. On March 24, Utah officially enacted the Utah Consumer Privacy Act (“UCPA”) after...more

Utah Poised to Become Fourth State with General Privacy Law

Wilson Sonsini Goodrich & Rosati on 3/18/2022

Utah is poised to become the fourth state to enact comprehensive consumer privacy legislation, following California, Virginia, and Colorado. Earlier this month, Utah's legislature passed the Utah Consumer Privacy Act (S.B....more

HB 9 – why you should care about “share”, and one more consideration

Shook, Hardy & Bacon L.L.P. on 2/21/2022

In my last post, I wrote about my impression that legislators and staff do not intend for HB 9 to apply to companies that merely “receive” personal information (i.e., those that do not engage in buying or selling personal...more

Massachusetts Moving Closer to Comprehensive Data Privacy Protection

Bowditch & Dewey on 2/15/2022

The Commonwealth of Massachusetts is moving closer to passing consumer data privacy protection legislation with bipartisan support. The Joint Committee on Advanced Information Technology, the Internet and Cybersecurity...more

Québec Ushers in a Brave New World of Privacy

Davies Ward Phillips & Vineberg LLP on 9/24/2021

The Québec National Assembly has passed and the Lieutenant-Governor has assented to Bill 64, An Act to modernize legislative provisions as regards the protection of personal information (Act). The Act, which became law on...more

[Podcast] 2020 CCPA Litigation Report – Analyzing the First Year of Litigation

Akin Gump Strauss Hauer & Feld LLP on 4/7/2021

In this episode, Akin Gump cybersecurity, privacy and data protection practice co-heads Natasha Kohne and Michelle Reed, and counsel Molly Whitman discuss the firm’s new 2020 CCPA Litigation Annual Report and its...more

Litigation and Enforcement: Virginia Consumer Data Protection Act Series (Part Five)

Troutman Pepper Locke on 4/5/2021

Like the California Consumer Privacy Act of 2018 (CCPA) and the California Privacy Rights Act of 2020 (CPRA), the Virginia Consumer Data Protection Act (VCDPA) does not grant a private right of action for alleged violations...more

The Ongoing March toward Privacy Law in the US – A State Legislative Roundup

Mintz - Privacy & Cybersecurity Viewpoints on 2/17/2021

While we continue to await comprehensive US federal privacy legislation, and following California’s lead with its California Consumer Privacy Act of 2018 (CCPA), individual states are stepping up to the plate. Based on what...more

Proposed North Dakota Law Would Require Consent for User Data Sales, Authorize Private Right of Action with Steep Minimum Damages

Hinshaw & Culbertson - Privacy, Cyber & AI... on 2/4/2021

A proposed bill in the North Dakota House of Representatives would prohibit the sale by a covered entity of a user's protected data without consent. The bill, which was sponsored by four Republican state representatives, has...more

CCPA Litigation Round-Up: Q3 & Q4 2020

Kelley Drye & Warren LLP on 1/25/2021

It has been a full year since the California Consumer Privacy Act (“CCPA”) took effect at the top of 2020. In the cases filed in the second half of the year, the complaints more frequently assert a violation of the CCPA as a...more

10 Areas Of Privacy Law That Look Ripe For Change In 2021

WilmerHale on 1/5/2021

While still in its relative infancy, privacy law has quickly become a turbulent teenager, with constant change around the world. At a minimum, 2021 will require meaningful efforts to implement the changes of 2020, with a...more

Canada Introduces the Consumer Privacy Protection Act

Knobbe Martens on 12/9/2020

On November 17, 2020, the Canadian House of Commons introduced the Digital Charter Implementation Act, 2020 (“DCIA”), which includes the Consumer Privacy Protection Act (“CPPA”), a privacy focused arm of the legislation. The...more

The Murky Waters of the CCPA's Private Right of Action: Real and Perceived Ambiguities Complicating Litigation

Troutman Pepper Locke on 11/19/2020

The California Consumer Privacy Act (“CCPA”) gives individuals the right to seek statutory damages against a business in limited circumstances involving the CCPA’s reasonable security obligation. See Cal. Civ. Code §...more

CCPA 2.0: California Privacy Laws Continue to Take Center Stage

Kilpatrick on 11/18/2020

On November 3, 2020, California voters passed Proposition 24, the California Privacy Rights Act (“CPRA”). The provision’s timeline is important to consider. The law would become effective on January 1, 2023 with enforcement...more

November 2020: Recent Trend in CCPA Litigation: Private Actions for “Unauthorized Disclosure” Based on Voluntary Data Sharing

Quinn Emanuel on 11/18/2020

The California Consumer Privacy Act (“CCPA”), which went into effect on January 1, 2020, has changed the landscape of privacy protection. This statute added five substantive privacy rights for consumers: (1) the right to...more

CCPA 2.0 Passes: The California Privacy Rights Act To Become Law

Goodwin on 11/12/2020

On November 3, 2020, California voters convincingly approved the California Privacy Rights Act (“CPRA”) ballot initiative. The CPRA builds upon and amends the California Consumer Protection Act (“CCPA”), aligning it more with...more

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