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Husch Blackwell LLP

Seventh Circuit Raises the Bar for Collective Actions, Gives Employers New Tools at the Notice Stage

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The Seventh Circuit’s decision in Richards v. Eli Lilly & Co. represents the most significant shift in collective action procedure in the circuit in decades. For many years, district courts in the circuit have utilized the...more

Goodwin

Colorado Proposes Children’s Privacy Amendments to Privacy Act Regulations

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What started as a flurry when California included protections for data about known teens in its 2018 privacy law soon became a blizzard. State after state passed new protections for teens into their own privacy laws, with...more

Nelson Mullins Riley & Scarborough LLP

Seventh Circuit Adopts Middle-Ground Approach to FLSA Notice in Richards v. Eli Lilly

In Richards v. Eli Lilly, the Seventh Circuit charted new territory for how courts should evaluate requests to send notice in Fair Labor Standards Act (FSLA) collective actions under 29 U.S.C. § 216(b).  Departing from the...more

Troutman Amin LLP

ATTENTION ATTENTION: Minnesota’s Data Privacy Act Is Now Law As Of Today- July 31, 2025!

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Starting today, July 31, 2025, the Minnesota Consumer Data Privacy Act (“MCDPA”) officially takes effect. Signed by Governor Tim Walz in May 2024, this act majorly affects how the personal data of Minnesota residents is...more

Miller Canfield

SCOTUS Rules Mandatory LGBTQ+ Curriculum Without Opt-Out Burdens Religious Freedom

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Can a public school require students to engage with materials that conflict with their parents’ religious beliefs without offering an opt-out? In Mahmoud v. Taylor, the U.S. Supreme Court enjoined the Montgomery County public...more

Akin Gump Strauss Hauer & Feld LLP

Key Takeaways From Commerce Department’s New Guidance for $42.5 Billion BEAD Program

On June 6, 2025, the Commerce Department released its long-awaited guidance for future implementation of the $42.5 billion Broadand, Equity, Access and Deployment (BEAD) program.  Entitled a BEAD Restructuring Policy Notice...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

WilmerHale

California’s Most Recent Privacy Developments: Location Data Investigative Sweep and a Continued Focus on Car Companies

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In a press release on March 10, 2025, California Attorney General (“California AG”) Rob Bonta announced an investigative sweep focusing on California Consumer Protection Act (“CCPA”) compliance within the location data...more

Parker Poe Adams & Bernstein LLP

Business to Pay $630,000 Fine for Violation Claims Caused by Cookie Management Tool

A major vehicle automaker will have to change its business practices and pay a hefty fine to resolve claims that the company violated the California Consumer Privacy Act (CCPA), according to the state regulatory authority...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

Bricker Graydon LLP

[Webinar] Opt-In or Out? Essential Insights to Guide Your House Settlement Decision - February 14th, 12:00 pm - 1:00 pm ET

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If approved, the House v. NCAA settlement will revolutionize college athletics. Starting July 1, 2025, it will require the NCAA and its Division I member institutions to pay nearly $3 billion in damages to current and former...more

Mintz - Privacy & Cybersecurity Viewpoints

Just Around the Corner, Iowa’s Consumer Privacy Law Taking Effect

Iowa is next up in our series of articles providing in-depth summaries of state consumer privacy laws taking effect across the nation. On March 28, 2023, Iowa Governor Kim Reynolds (R) signed into law Senate File 262...more

Kaufman & Canoles

Be Warned: Defendant’s Motion to Dismiss Overdraft Fee Claims Denied

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Claims of unfair overdraft fees continue although it seems the media has taken a break from talking about them. A recent federal case in Virginia ruled in favor of all the Plaintiff’s counts and denied the Defendant’s Motion...more

Goodwin

CFPB Issues Guidance Emphasizing the Importance for Banks to Maintain Sufficient Proof of Customers’ Affirmative Consent to...

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In recent discussions surrounding banking practices, the issue of overdraft fees, particularly for ATM and one-time debit card transactions, has gained significant attention....more

Harris Beach Murtha PLLC

CFPB’s Circular 2024-05: Overdraft Services and Their Place in Regulation E’s Opt-In Regime

The Consumer Financial Protection Bureau (CFPB) recently issued Circular 2024-05 (Circular). The CFPB considered whether financial institutions could violate the law by charging fees for providing overdraft services without...more

Womble Bond Dickinson

The Cookies that May Bite Back

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Would you like some milk with those website cookies? We know the common privacy joke. However, website cookies and online tracking technologies (collectively, “cookies”) are increasingly no joking manner as they can create...more

Cozen O'Connor

California Announces Dark Patterns as an Enforcement Priority

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With a growing number of states having passed comprehensive consumer data privacy laws (19 in total, with seven passed this year alone), state enforcement actions related to data privacy are growing increasingly common....more

Venable LLP

California Privacy Protection Agency Warns Businesses Against “Dark Patterns” and Urges “Symmetry in Choice”

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Not to be left behind by other regulators, the California Privacy Protection Agency (CPPA) recently issued an enforcement advisory on “dark patterns” in the context of the notice and consent required under the California...more

Cozen O'Connor

The State AG Report – 09.19.2024

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Here are curated AG and federal regulatory news stories highlighting key areas in which state and federal regulators’ decisions are having an impact across the US: •Republican AGs Urge EPA to Block CA’s Clean Fleets...more

Ballard Spahr LLP

CFPB Reminds Financial Institutions to Retain Records of Affirmative Consent for Overdraft Opt-in

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On September 17, 2024, the CFPB issued Consumer Financial Protection Circular 2024-05 on improper overdraft practices. The circular reminded financial institutions of their obligation to retain records that prove the consumer...more

Cozen O'Connor

CFPB Warns Banks Against Use of Phantom Opt-In Agreements

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The CFPB issued guidance, titled Improper Overdraft Opt-In Practices, addressing whether a financial institution violates the law if it levies overdraft fees for ATM and one-time debit card transactions based on phantom...more

Troutman Pepper Locke

CFPB Releases New Circular on Opt-In Requirements for Overdraft Services

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On September 17, the Consumer Financial Protection Bureau (CFPB or Bureau) published Circular 2024-05 (Circular) addressing whether a financial institution violates the Electronic Fund Transfer Act (EFTA) and Regulation E by...more

BakerHostetler

Seventh Circuit Decision Marks Win for Employers in FLSA Nationwide Collective Actions

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The U.S. Court of Appeals for the Seventh Circuit has delivered a significant win for employers by ruling that the Supreme Court’s 2017 decision in Bristol-Myers Squibb Co. v. Superior Court of California applies to Fair...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Seventh Circuit Joins Third, Sixth, and Eighth Circuits in Limiting Exercise of Personal Jurisdiction in FLSA Collective Actions

On August 16, 2024, the Seventh Circuit Court of Appeals weighed in on whether out-of-state plaintiffs must satisfy personal jurisdiction requirements to participate in a collective action under the Fair Labor Standards Act...more

Fox Rothschild LLP

The Impact of Purdue Pharma

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It has been approximately two months since the highly anticipated Supreme Court decision in Harrington v. Purdue Pharma L.P., and it is already making a significant impact in bankruptcies around the country. In September...more

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