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Unfair or Deceptive Trade Practices State Privacy Laws

Womble Bond Dickinson

From Data to Decisions: Navigating Privacy and Litigation Risks in the AI Era

Womble Bond Dickinson on

While many systems that are described as AI have been around for decades (e.g., internet search engines), today’s AI tools are much more powerful and are widely accessible. Generative AI and agentic AI extend the power of...more

Loeb & Loeb LLP

23andMe Bankruptcy: The Privacy Ombudsman’s Report

Loeb & Loeb LLP on

The court-appointed Consumer Privacy Ombudsman (CPO) in the 23andMe bankruptcy last month released a 200-plus-page report assessing the privacy implications of the proposed sale of 23andMe’s assets as part of its Chapter 11...more

Wiley Rein LLP

New Texas Law Imposes Significant New Requirements on App Developers and App Stores

Wiley Rein LLP on

Texas Governor Greg Abbott has signed the App Store Accountability Act (“the Act”) into law, instituting sweeping new obligations regarding age verification and parental consent for app stores and app developers operating in...more

Kelley Drye & Warren LLP

State AGs, and Mark Twain, Hold Companies Accountable for AI Use

This week, two state attorneys general on very different ends of the political spectrum announced separate actions related to purported discrimination by AI services. Missouri sent inquiry letters to four Big Tech companies...more

Cozen O'Connor

No Buyer’s Remorse for Nebraska AG Over Temu Data Use Lawsuit

Cozen O'Connor on

Nebraska AG Mike Hilgers sued PDD Holdings Inc. and WhaleCo Inc., d/b/a Temu, alleging that Temu’s shopping app operates as malware designed to gain unauthorized access to users’ data in violation of state consumer protection...more

Fox Rothschild LLP

The Vermont Age-Appropriate Design Code Act: What You Need to Know

Fox Rothschild LLP on

Vermont recently adopted the Vermont Age-Appropriate Design Code Act, which goes into effect on January 1, 2027. The law is enforceable by the Vermont Attorney General as an unfair or deceptive act or practice. The Attorney...more

Perkins Coie

The FTC “Junk Fee” Rule Is Here…Along with a Wave of State Laws

Perkins Coie on

Also referred to as the “junk fee” rule against “bait-and-switch” or “drip” pricing, the rule was adopted with bipartisan support in the waning days of the Biden presidency. Further, the Republican-led FTC under the Trump...more

Hudson Cook, LLP

State Watch: Consumer Protection Enforcement Update

Hudson Cook, LLP on

While uncertainty continued to loom over the CFPB, the states did not take a spring break. Instead, we saw an eye-popping settlement from NY DFS involving BSA/AML claims. And both republican and democratic AGs continued to...more

White & Case LLP

Arkansas Attorney General Sues General Motors Over Alleged Deceptive Data Practices

White & Case LLP on

On February 26, 2025, Arkansas Attorney General Tim Griffin filed a lawsuit against General Motors and its subsidiary OnStar (collectively, "GM"), alleging deceptive business practices related to the collection and sale of...more

Orrick, Herrington & Sutcliffe LLP

New York attorney general files complaint over insurance data breaches

On March 1, New York State Attorney General Letitia James filed a complaint in the Supreme Court of the State of New York against a group of insurance companies and a parent corporation. The complaint alleged these companies...more

Proskauer on Privacy

My Health, My Dollar: Amazon’s Health Data Troubles in Washington

Proskauer on Privacy on

Amazon faces allegations of unauthorized data collection in violation of federal and state privacy laws, including a first-of-its-kind claim under Washington’s My Health My Data Act (“MHMDA”). The MHMDA restricts businesses...more

Kelley Drye & Warren LLP

New York AG Settles with School Calendar App, Saturn

This week, New York Attorney General Letitia James announced a settlement with app developer Saturn Technologies (Saturn) following an investigation into privacy practices that promised teens an exclusive community but...more

WilmerHale

Year in Review: 2024 Generative AI Litigation Trends

WilmerHale on

Generative AI continued to be a hot topic for privacy-related litigation in 2024. In the US, companies using and deploying this technology saw themselves subject to lawsuits under various state and federal theories of...more

Cozen O'Connor

Arkansas AG Latest to Put Brakes on Allegedly Unauthorized Collection and Sale of Driver Data

Cozen O'Connor on

Arkansas AG Tim Griffin sued General Motors LLC and its subsidiary OnStar LLC (collectively, “GM”) over allegations that GM misled vehicle purchasers into enrolling in programs that collected and shared their driving data...more

Kerr Russell

What You Should Know about Collecting Past-Due Accounts

Kerr Russell on

Question: Early in every calendar year our accounts receivable tend to build up due to patients having to pay out of pocket before annual deductibles and co-pays reach their maximums. This typically results in a corresponding...more

Cozen O'Connor

Unpacking Dark Patterns

Cozen O'Connor on

“Dark patterns” have increasingly been the focus of legislative and regulatory scrutiny. Yet the phrase is never used in business. No business designs a website, mobile app, or business process with the instruction, “let’s...more

Cozen O'Connor

Texas AG Investigates DeepSeek

Cozen O'Connor on

Texas AG Ken Paxton has announced an investigation into the artificial intelligence company DeepSeek’s privacy practices and its claims that its AI model rivals the most advanced AI models in the world, including OpenAI....more

Husch Blackwell LLP

First Washington My Health My Data Act Class Action Lawsuit Filed

Husch Blackwell LLP on

On February 10, 2025, a class action lawsuit was filed against an online retailer under the Washington My Health My Data (MHMD) Act’s private right of action. The complaint also alleges violations of federal wiretapping and...more

Alston & Bird

State AGs Publish Guidance on How State Laws Apply to AI

Alston & Bird on

On December 24, 2024 and January 13, 2025, the Oregon Attorney General’s Office and the California Attorney General’s Office published advisories (collectively, “Advisories”) explaining how existing statutes may be used to...more

Cozen O'Connor

Missouri to Require Social Media Companies to Offer Algorithmic Choice

Cozen O'Connor on

Missouri AG Andrew Bailey is issuing a regulation requiring social media companies to offer algorithmic choice for users in the state. Under the rule, it will be an unfair, deceptive, or fraudulent practice under the Missouri...more

Harris Beach Murtha PLLC

Oregon Sticks with Existing Regulations to Govern AI (For Now)

The Oregon Department of Justice (DOJ) recently issued significant guidance detailing how the state's existing legal framework will regulate artificial intelligence, eschewing the need for immediate AI-specific legislation....more

Baker Botts L.L.P.

A Landmark Lawsuit in Data Privacy: Texas v. Allstate

Baker Botts L.L.P. on

In a groundbreaking enforcement action, Texas Attorney General Ken Paxton has filed a lawsuit against Allstate Corporation and its subsidiary Arity, alleging systematic violations of the Texas Data Privacy and Security Act...more

Morrison & Foerster LLP

The FTC’s Final “Click-to-Cancel” Rule Faces Legal and Political Hurdles

The fate of the FTC’s long-awaited final “Click-to-Cancel” rule has become tangled in uncertainty as it faces numerous lawsuits and the new incoming presidential administration. In October, the FTC published its Final Rule...more

BakerHostetler

Why Have One When Four Will Do? How Oregon’s New Guidance on AI Compliance Bridges the AI Legal Gap

BakerHostetler on

Christmas came early when on December 24, the Oregon Office of the Attorney General (OAG) delivered AI guidance wrapped in a bow. Titled “What you should know about how Oregon’s laws may affect your company’s use of...more

Troutman Pepper Locke

CFPB Publishes Report on State Privacy Law Exceptions for Financial Information

Troutman Pepper Locke on

On November 12, the Consumer Financial Protection Bureau (CFPB) released a new report titled, “State Consumer Privacy Laws and the Monetization of Consumer Financial Data.” The report provides an overview of the state...more

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