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