News & Analysis as of

Privacy Laws Consent Corporate Counsel

Skadden, Arps, Slate, Meagher & Flom LLP

Cookie Consent: Unpacking the UK ICO’s Proposed New Approach to Online Advertising

- What is new: The ICO is proposing to relax its enforcement of cookie consent requirements, meaning user consent would not be required for lower-risk advertising cookies. - Why it matters: The proposals aim to address...more

Morris, Manning & Martin, LLP

New Laws Regulate How Companies Interact with Children's Data

If your business operates a website or provides online services that collect data about children, you should be aware of expanding legal requirements from U.S. states regulating how private companies interact with minors....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

Troutman Pepper Locke

New Wave of Privacy Litigation: Plaintiffs Press Untested Theories Under 2005 Colorado Prevention of Telemarketing Fraud Act

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In what appears to be an emerging privacy litigation trend, plaintiffs’ attorneys have recently filed a series of putative class action lawsuits targeting data companies in possession of cellular telephone numbers. The...more

Baker Botts L.L.P.

Amazon and Starbucks Escape Biometric Privacy Class Action in Federal Court

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Amazon and Starbucks notched a decisive win in the fast-evolving world of biometric privacy litigation, securing the full dismissal of a proposed class action in the U.S. District Court for the Western District of Washington....more

Morgan Lewis

TAKE IT DOWN Act Targets Deepfakes: Are Online Platforms Caught in the Crosshairs?

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The TAKE IT DOWN Act, recently signed into federal law, criminalizes the distribution of nonconsensual intimate imagery and requires covered online platforms to implement a notice-and-removal process by May 19, 2026....more

Robinson+Cole Data Privacy + Security Insider

State Data Minimization Laws Spark Compliance Uncertainty

A new wave of state consumer privacy laws focused on limiting data collection is creating anxiety among businesses—and Maryland is leading the charge. The Maryland Online Data Privacy Act (MODPA), set to take effect in...more

Husch Blackwell LLP

U.S. Privacy Litigation Update: April 2025

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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

Fox Rothschild LLP

New CCPA Regs: Part 1: Dark Patterns

Fox Rothschild LLP on

New California Consumer Privacy Act (CCPA) Regs are here, with comments open until June 2. There are a lot of issues to address, and a lot of work for companies to implement. We are talking about billions of dollars in...more

Husch Blackwell LLP

CPPA Announces New CCPA Enforcement Action

Husch Blackwell LLP on

Keypoint: In its second non-data broker enforcement action for violations of the CCPA, the California Privacy Protection Agency entered into a stipulated final order with a retailer for a $345,178 administrative fine and...more

Eversheds Sutherland (US) LLP

Proposed CIPA amendment may stem the tide of CIPA class actions

In a prior alert, we predicted an uptick in class action complaints brought under the California Invasion of Privacy Act (CIPA) alleging that modern website analytical tools such as pixels, cookies and session replay software...more

Klein Moynihan Turco LLP

VPPA Lawsuit Against Major Video Game Studio Dismissed

On April 2, 2025, the United States District Court for the Northern District of California granted Defendant’s Motion to Dismiss in Lakes et al. v. Ubisoft, Inc. In Lakes, Among other eavesdropping claims, Plaintiffs alleged...more

Baker Donelson

Recent Wiretapping Class Action Dismissal Offers Compliance Lessons

Baker Donelson on

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

Womble Bond Dickinson

First Class Action Filed Under Washington’s MY Health MY Data Act Draws Parallels to Previous SDK Litigation

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On February 10, 2025, the first class action complaint was filed pursuant to Washington’s MY Health MY Data Act (“MHMDA”), Wash. Rev. Code Ann. § 19.373.005 et seq. See Maxwell v. Amazon.com, Inc. et al., Case No. 2:25-cv-261...more

Klein Moynihan Turco LLP

Refer a Friend Promotions? Get Consent!

On February 25, 2025, the United States District Court for the Western District of Washington issued a cautionary decision for all businesses that employ “Refer a Friend” promotions. In Jensen v. Capital One Financial Corp.,...more

Husch Blackwell LLP

Proposed State Privacy Law Update: February 24, 2025

Husch Blackwell LLP on

Keypoint: Last week, the Virginia legislature passed a VCDPA amendment, kid’s privacy bills crossed chambers in South Carolina and Utah, and lawmakers continued to introduce new bills on various topics. Below is the seventh...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

Husch Blackwell LLP

Proposed State Privacy Law Update: February 17, 2025

Husch Blackwell LLP on

Keypoint: Last week saw a flurry of activity across numerous states, including bills advancing in Virginia, Oklahoma, Washington, Utah, and South Carolina, while lawmakers continued to introduce bills across the country. ...more

Jackson Lewis P.C.

Class Certification Granted – California Website Tracking Lawsuit Reminds Businesses about Notice Risks

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A California federal district court recently granted class certification in a lawsuit against a financial services company. The case involves allegations that the company’s website used third-party technology to track users’...more

Fisher Phillips

New York on Verge of Enacting Sweeping Health Data Privacy Law: Answers to Your Key Questions and 6 Steps to Prepare

Fisher Phillips on

In a major development for all businesses handling health data, New York lawmakers passed a sweeping health data privacy bill Wednesday that could have far-ranging consequences across the country. S929, also known as the New...more

Katten Muchin Rosenman LLP

FTC Finalizes Changes to Children's Privacy Rule

On January 16, 2025, the Federal Trade Commission (FTC) issued a press release confirming that it has finalized changes to the Children’s Online Privacy Protection Rule (COPPA Rule). These changes will set new requirements...more

BCLP

Colorado's New Requirements for Biometric Data: What Businesses Need to Know

BCLP on

On December 6, 2024, the Colorado Attorney General’s Office notified the public that it adopted the updated Colorado Privacy Act (CPA) Rules, as a follow-up to the amendments to the CPA made earlier in the year (collectively,...more

Womble Bond Dickinson

Calhoun v. Google - Continued Considerations for Privacy Notices

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Website owners often struggle to design privacy policies that are not only comprehensive, but also comprehensible. The tension between these competing concerns was in sharp focus in a recent Ninth Circuit decision, Calhoun v....more

Bradley Arant Boult Cummings LLP

Can Privacy Be Bought? How Scrutiny of Meta’s Subscription Model Has Wider Implications –PART II

In Part I, we discussed the European Commission’s (“Commission”) disapproval of Meta’s “pay or consent” subscription model. In Part II, we delve into the European Commission’s findings, prior findings by the European Data...more

A&O Shearman

European Commission takes preliminary view that social media platform’s ‘pay or consent’ model does not comply with the DMA

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On 1 July 2024, the European Commission (the ‘Commission’) announced its preliminary findings in an investigation of a leading social media platform, concluding that its ‘pay or consent’ advertising model implemented in the...more

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