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Klein Moynihan Turco LLP

Help Ensure Delivery of Your 10DLC Texts with TCR Assistance

Over the past few months, securing approval for listing on The Campaign Registry (“TCR”) has become significantly more difficult. Why? Because virtual phone service providers (“service providers”) continue to update internal...more

Perkins Coie

Another Take on the TAKE IT DOWN Act

Perkins Coie on

The TAKE IT DOWN Act (the Act), enacted on May 19, 2025, is a powerful (and controversial) new tool designed to stop people from sharing “nonconsensual intimate imagery,” or NCII, online. The Act does two main things: it...more

Tarter Krinsky & Drogin LLP

Waves of Lawsuits Hit Businesses Over Website Tracking Pixels

Websites are ubiquitous, and so are cookies and tracking pixels (a/k/a web beacons). A web browser uses cookies to store login details and preferences; the cookies also track and profile user behavior. When visiting a...more

Fisher Phillips

California Proposal to Curb Website Cookie Litigation Stalls for This Year: What 3 Things Should Your Business Do?

Fisher Phillips on

A California bill aimed at curbing the explosion of lawsuits filed against businesses using common website tools like cookies, pixels, and session replay software has stalled out in the 2025 legislative session, meaning your...more

Fisher Phillips

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

Fisher Phillips on

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

Orrick, Herrington & Sutcliffe LLP

UK Founder Series: Cookie Compliance – 10 Key Steps for Startups

Orrick's Founder Series offers monthly top tips for UK startups on key considerations at each stage of their lifecycle, from incorporating a company through to possible exit strategies. The Series is written by members of our...more

Husch Blackwell LLP

U.S. Privacy Litigation Update: April 2025

Husch Blackwell LLP on

Keypoint: In this post: (1) The Ninth Circuit holds essentially any website can be sued in California; (2) two courts limit pen registry claims; (3) courts split on whether privacy policies establish consent for wiretapping...more

Benesch

Tracking Technology Trouble: Shah v. Capital One Deepens Legal Risk Under CCPA and CIPA

Benesch on

In Shah v. Capital One Financial Corporation, the Northern District of California handed down a ruling that may shape the trajectory of litigation involving tracking technologies, online privacy policies, and California’s...more

Robinson+Cole Data Privacy + Security Insider

Video Game Developer’s Website Privacy Policy Disclosure and Cookie Banner Consent Defeat Wiretap Class Action

Video game developer Ubisoft, Inc. came out on top earlier this month in the Northern District of California when a judge dismissed, with prejudice, a class action claiming that the company’s use of third-party website pixels...more

Baker Donelson

Recent Wiretapping Class Action Dismissal Offers Compliance Lessons

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In late March, an online retailer successfully asserted consent as a complete defense to a putative Pennsylvania Wiretapping and Electronic Surveillance Control Act of 1978 (WESCA) class action lawsuit, resulting in the...more

Constangy, Brooks, Smith & Prophete, LLP

CIPA Lawsuits: New York court comes to defense of website operators

The California Invasion of Privacy Act continues to be a focal point for privacy litigation, particularly concerning website tracking practices. A recent case, Gabrielli v. Insider Inc. sheds new light on whether collecting...more

Klein Moynihan Turco LLP

Pennsylvania Wiretap Claim Dismissed

An oft-discussed topic on this blog is the rise in lawsuits asserting illegal wiretapping claims against companies that use technology on their websites to track consumer interactions. Recently, a Pennsylvania federal judge...more

Fisher Phillips

California’s Latest Privacy Push: The Location Tracking Crackdown Businesses Can’t Ignore

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Businesses operating in California that rely on location tracking – whether for fleet management, employee monitoring, logistics, or marketing – should pay close attention to a bill that would dramatically alter the legal...more

Mayer Brown

Children’s Online Privacy: Recent Actions by the States and the FTC

Mayer Brown on

AT A GLANCE - As the digital world becomes an integral part of children's lives, state legislatures are placing greater emphasis on regulating how companies handle children’s personal information. This Legal Update...more

Robinson+Cole Data Privacy + Security Insider

Is Your Business Trapped? The Rise of “Trap and Trace” Litigation

Almost every business has a website; every website should have a privacy policy, terms of use, and, in some cases, a consumer privacy rights notice—if certain state consumer privacy rights laws apply to your business, such as...more

Husch Blackwell LLP

U.S. Privacy Litigation Update: January 2025

Husch Blackwell LLP on

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

Goodwin

FTC Issues Long Awaited New COPPA Rules: How They Will Impact Your Business

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On January 16, 2025, the Federal Trade Commission finalized changes to the Children's Online Privacy Protection Act (COPPA) Rule. ...more

Miller Canfield

More Than Child's Play: $520 Million FTC Settlement Signals Risks for Digital Platforms

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For years, one of the world’s most popular online video games, Fortnite, profited from in-game purchases (or “microtransactions”) that, according to the Federal Trade Commission (“FTC”), were unlawful and deceptive. Although...more

McDermott Will & Emery

Data Privacy and Cybersecurity in 2025: Website Tracking

McDermott Will & Emery on

Following our recent client alert, learn more about enforcement targeting website tracking technologies and the impact on organizations in 2025. Elliot Golding and David Saunders share further insights from working with...more

BakerHostetler

DSIR Deeper Dive - The Worst Cookie Recipe

BakerHostetler on

Countless hours are being spent categorizing cookies and other tracking technologies to work with consent management platforms, part of a purpose-built industry aiming to help companies deal with the increasingly complex and...more

Baker Donelson

Second Circuit Ruling Expands VPPA Scope: What Organizations Need to Know

Baker Donelson on

The U.S. Court of Appeals for the Second Circuit reinstated a proposed class action by Michael Salazar against a professional sports organization on October 15, 2024, alleging violations of the Video Privacy Protection Act...more

Fisher Phillips

Big Wiretapping Win for Businesses in Massachusetts Data Privacy Case: 5 Compliance Reminders for Website Tracking Software

Fisher Phillips on

Businesses that use website tracking software to monitor activity for marketing purposes must comply with a growing list of state laws – but does that include a nearly 60-year-old Massachusetts law requiring consent to record...more

Fisher Phillips

Do Dark Patterns Lurk on Your Website? 4 Steps Businesses Should Take as Regulators Focus on How Privacy Rights Are Presented on...

Fisher Phillips on

Businesses with a website beware: California regulators just warned that the law prohibits your website from making website users jump through hoops or otherwise confusing them as they try to exercise their privacy rights,...more

Adler Pollock & Sheehan P.C.

New York’s New Website Privacy Controls: What Your Business Needs to Know

In a significant move to enhance consumer privacy and promote transparency in digital practices, the New York State Attorney General recently published two critical guides: “Website Privacy Controls: A Guide for Business” and...more

Husch Blackwell LLP

U.S. Privacy Litigation Update: May 2024

Husch Blackwell LLP on

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

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