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
While the United States Court of Appeals for the Third Circuit (“Third Circuit”) weighs the constitutionality of New Jersey State’s Daniel’s Law, a West Virginia federal court recently opined on the constitutionality of its...more
Biometric technologies—such as fingerprint scanners, facial recognition systems, and retina scans—are now commonplace in modern business operations....more
Keypoint: A new Virginia law prohibits the collection, use, or sharing of reproductive or sexual health information without consent and provides Virginians with a private right of action for at least $500 per violation. As...more
In a major change to a law that produced extraordinarily high damages claims and settlements, the Illinois General Assembly amended the Biometric Information Privacy Act (BIPA) to substantially reduce potential liability for...more
Last week, the Vermont legislature passed H. 121, the Vermont Data Privacy Act. This law will make Vermont the 18th state to grant consumers privacy rights similar to those under the California Consumer Privacy Act (CCPA). It...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
2023 was a record-breaking year, with legislators in Delaware, Indiana, Iowa, Montana, Oregon, Tennessee and Texas passing comprehensive data privacy laws, joining California, Colorado, Connecticut, Utah and Virginia. Already...more
Senator Maria Cantwell (D-Washington) and Representative Cathy McMorris Rodgers (R-Washington) have presented a draft of a federal data privacy law, the American Privacy Rights Act (APRA). APRA would largely preempt the...more
This post is part of a series of articles we are doing on 2023 data protection litigation trends. While the California Consumer Privacy Act (CCPA) is most known for its onerous privacy compliance obligations, the law also...more
In October of 2023, a hacker claimed online that they had 23andMe users’ profile information. We know this as a result of 23andMe’s required statement to the U.S. Securities and Exchange Commission (SEC) on December 1, 2023. ...more
Bill C-27, the Digital Charter Implementation Act, proposes new legislation that will significantly impact the Canadian privacy law landscape. The omnibus bill – which is a second reiteration of the former Bill C-11 (which...more
On June 30, 2023, a California court enjoined until March 29, 2024, enforcement of the final regulations implementing the California Privacy Rights Act (CPRA). Importantly for employers, this ruling prevents enforcement of...more
The California Consumer Privacy Act (CCPA) has created compliance challenges across the country for businesses – but they often stem from the fact that businesses are confused about some of the law’s basic principles. This...more
The Volunteer State became the eighth state to enact a comprehensive data privacy law after Gov. Bill Lee (R) signed the Tennessee Information Protection Act (“TIPA”) into law yesterday, May 11. Tennessee joins a growing...more
Keypoint: Claims brought under the Washington My Health My Data Act’s private right of action will turn on whether a plaintiff can prove actual damages that were caused by a violation effecting the plaintiff’s business or...more
Indiana's New Law is on the Books - Last month, three more state legislatures passed comprehensive data privacy laws. Just this week, Indiana’s governor signed one of them - the Indiana Consumer Data Privacy Act (“ICDPA’) -...more
Keypoint: With a private right of action, broad applicability to businesses of all sizes and types, a scope that is broader than its name suggests, and strong consent-based requirements and privacy rights, the Washington My...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
American Data Privacy and Protection Act would require organizations to limit collection of personal information, grant consumers access to their own data, enhance data protections for children, mandate implementation of...more
It does not look as though Massachusetts will be state number 6 to enact a comprehensive data privacy law – or at least not the one that people have been talking about. The Massachusetts Joint Committee on Health Care...more
Last week’s blog detailed the wave of state legislation that occurred in the U.S. during 2021. It is no surprise that there were also many data privacy developments abroad. It is crucial that organizations affected by...more
Bill 64 largely tracks with already existing privacy regulations in other jurisdictions and will take effect over the course of the next three years, with some provisions taking effect in September 2022. On September 21...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
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
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