We get Privacy for work — Episode 8: The Surge in Data Breach Lawsuits: Trends and Tactics
Regulatory Rollback: CFPB’s Withdrawal of Informal Guidance Sparks New Litigation Dynamics – The Consumer Finance Podcast
Consumer Finance Monitor Podcast Episode: Should Section 5 of the FTC Act be Amended to Add a Private Right of Action?
Consumer Finance Monitor Podcast Episode: Challenges of Using the Current Law to Address Dark Patterns, with Guest Gregory Dickinson, Assistant Professor, St. Thomas University
Webinar Recording: An Overview of the American Data Privacy and Protection Act
CF on Cyber: An Update on the Changes to the Florida Telemarketing Act
A national leader in privacy law, California was among the first states to include an express right to privacy in its constitution, create a data breach notification law, and codify robust consumer data protections. ...more
Florida has joined the growing list of states enacting comprehensive privacy laws. Governor Ron DeSantis (R) signed the Florida Digital Bill of Rights (“FDBR”) into law on June 6th. How does it compare?...more
The Indiana Legislature is poised to pass Senate Bill 5, a comprehensive privacy statute (the “Act”), and send it on to the Governor. Once signed, the Act will become operative on January 1, 2026, and make Indiana the seventh...more
On April 28, 2022, the Connecticut legislature took the final step to become very close to passing comprehensive consumer privacy legislation as the Connecticut House of Representatives voted 144-5 in favor of Senate Bill 6,...more
Despite its antecedents in one of the most widely cited law review articles of all time from more than 130 years ago, modern United States privacy law is roughly twenty years old. Even though still in its relative infancy,...more
Colorado is set to become the third U.S. state to pass comprehensive data privacy legislation. Following a number of revisions, Senate Bill 190, also referred to as the Colorado Privacy Act (“CPA”), passed the Colorado House...more
On May 13th, New York State Senator Kevin Thomas, Chair of NY’s Consumer Protection Committee, reintroduced the New York Privacy Act (“NYPA”), a comprehensive consumer privacy law similar in kind to the California Consumer...more
In 2018, the California Consumer Privacy Act (“CCPA”), which provides for an expansive array of privacy rights and obligations, was enacted. At the time, it was reasonable to wonder whether California’s bold example would...more
Virginia is the first in 2021 to codify a new data privacy law. The newly signed Virginia Consumer Data Protection Act (CDPA) has parallels to the California Consumer Privacy Act of 2018 (CCPA) and the California Privacy...more
Florida is currently considering data privacy legislation that would require covered businesses to implement comprehensive policies and procedures to provide privacy rights to consumers. The proposed legislation, House Bill...more
Stricter data privacy regulations and enforcement is no longer a new trend, it’s the known future. Living in a world of increasing data that often contains private information, lawmakers in several countries have realized the...more
The California Privacy Rights Act (CPRA), passed in November, 2020, added to the California Consumer Privacy Act (CCPA) an express obligation for covered businesses to adopt reasonable security safeguards to protect personal...more
It’s a new year and it looks like 2021 is going to be another eventful one for privacy. In the past few weeks, we’ve seen several states introduce new privacy legislation, starting with Washington. On January 5, the...more
After the California Consumer Privacy Act (CCPA) took effect on January 1, 2020, a surge of class action lawsuits predicated on alleged CCPA violations hit businesses. Because of the act’s novelty, it was unclear whether...more
The CCPA’s Private Right Of Action - The CCPA gives consumers several new “Privacy Rights”—such as the right to know how their personal information is collected, used and shared, the right to request deletion of their...more
Next Tuesday is election day, and this year, California voters are deciding whether to support another statewide privacy initiative – the California Privacy Rights Act (CPRA) (Proposition 24). This measure would expand on...more
As anticipated by many experts in the field, the data security-focused private right of action under the California Consumer Privacy Act (CCPA) has resulted in claims alleging potential unauthorized access. FinTech data...more
The California Privacy Rights Act (CPRA) is going to be on the November 3 ballot. The CPRA would amend the California Consumer Privacy Act (CCPA) to provide a greater level of rights for consumers and more stringent...more
City of Durham, NC Hit With Ryuk Ransomware - Another city—Durham, North Carolina—has become the victim of a ransomware attack stemming from a Russian hacker group following a successful phishing scheme. After falling...more
One of the most significant consumer rights offered by the new California Consumer Privacy Act (CCPA) is what we call the “private right of action” afforded by the law. A private right of action under a law basically means...more
In some cases yes, and in other cases no. The CCPA defines “personal information” as information that, among other things, “is capable of being associated with” a particular consumer....more
In May of 2018, the European Union enacted the General Data Protection Rules, or GDPR, a legal framework that outlines not only how companies may collect and process personal information of EU residents, but how that data is...more
California recently passed the California Consumer Privacy Act of 2018, described by Former Gov. Jerry Brown as a “historic step” for California consumers, “giving them control over their personal data.” He claimed that the...more
Once the California Consumer Privacy Act (CCPA) takes effect on January 1, 2020, the California courts will be inundated with a litany of interpretive questions. One that will no doubt surface concerns the proper...more
While the California Consumer Privacy Act (CCPA) and its potential amendments are still a top concern for businesses, other states are showing that they will not be left behind when it comes to enhanced privacy legislation....more