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Morgan Lewis - Tech & Sourcing

UK ICO Commences Consultations on Cookies and Online Advertising

The UK Information Commissioner’s Office has launched two consultations as part of the transition to the Data User and Access Act framework. These consultations will be of particular interest to organisations operating...more

Kilpatrick

DC Circuit Narrows Who Qualifies as a Consumer Under the VPPA

Kilpatrick on

To bring a claim under the Video Privacy Protection Act (VPPA), a plaintiff must qualify as a “consumer,” which the statute defines as any renter, purchaser, or subscriber of goods or services from a video tape service...more

Fisher Phillips

California Businesses Score Another Key Privacy Win: 3 Things Your Business Should Do After Latest CIPA Court Decision

Fisher Phillips on

Website operators secured another win in the protracted battle over third-party website cookies last week when a California state court held that these common tech features were not “trap and trace” devices and therefore a...more

Troutman Pepper Locke

Healthline Proposed Settlement Informs Businesses of What Not to Do

Troutman Pepper Locke on

On July 1, California Attorney General (AG) Rob Bonta announced a significant proposed settlement with Healthline Media LLC (Healthline) — a prominent website publisher of health information and wellness articles. The...more

Husch Blackwell LLP

U.S. Privacy Litigation Update: June 2025 Decisions

Husch Blackwell LLP on

In this post: (1) Website tracking litigation risk remains as SB 690 is designated “two-year bill”; (2) Second Circuit reinforces narrower interpretation of PII to “shut the door for Pixel-based VPPA claims”; (3) Courts...more

Fisher Phillips

California Proposal to Curb Website Cookie Litigation Stalls for This Year: What 3 Things Should Your Business Do?

Fisher Phillips on

A California bill aimed at curbing the explosion of lawsuits filed against businesses using common website tools like cookies, pixels, and session replay software has stalled out in the 2025 legislative session, meaning your...more

Fisher Phillips

Healthline to Pay $1.55M for Alleged CCPA Violations: Key Lessons for Businesses from Largest Settlement Yet

Fisher Phillips on

Healthline Media has agreed to pay $1.55 million to resolve allegations that it violated the California Consumer Privacy Act (CCPA) – which is the largest settlement to date under the state’s landmark privacy law. The...more

Robinson+Cole Data Privacy + Security Insider

Federal Court Sinks CIPA Wiretap Lawsuit Against Royal Caribbean Over TikTok Tracking Tool

In a significant win for Royal Caribbean Cruises, a federal judge dismissed a lawsuit that alleged the cruise line’s website violated a California privacy law by using a TikTok tracking tool. The case, Kishnani v. Royal...more

Kilpatrick

Court Rejects Class Certification in Pixel Tracking Suit Against AddShoppers and Peet’s Coffee

Kilpatrick on

In a significant win for the defense, a California federal judge denied class certification in a California Invasion of Privacy Act (CIPA) suit alleging that AddShoppers and Peet’s Coffee unlawfully tracked website visitors...more

Klein Moynihan Turco LLP

Unfavorable Ninth Circuit Pixel Tracking Decision

Readers of this blog are aware of the barrage of California Invasion of Privacy (“CIPA”) claims brought against online companies. Recently, an unfavorable decision from the Ninth Circuit Court of Appeals (“Ninth Circuit”)...more

Robinson+Cole Data Privacy + Security Insider

California’s SB 690: A Game-Changer for Website Privacy Lawsuits Pushes Forward

On June 3, 2025, the California Senate unanimously passed Senate Bill 690 (SB 690) in a 35-0 vote, a strong show of support for reining in a flood of lawsuits that have taken many companies by surprise over the last few...more

Robinson+Cole Data Privacy + Security Insider

When Satire Meets Statute: The Onion’s VPPA Class Action

Video Privacy Protection Act (VPPA) class action lawsuits have been on the rise, and the owner of the The Onion, a popular satire site, finds itself the subject of a recent one. On May 16, 2025, a plaintiff-initiated...more

Coblentz Patch Duffy & Bass

Second Circuit Limits VPPA Claims Regarding Meta Pixel Data Collection in Solomon v. Flipps Media: A Win for Companies Using...

In a significant development for companies targeted by (or vulnerable to) litigation over website data collection practices, the U.S. Court of Appeals for the Second Circuit affirmed the dismissal of a Video Privacy...more

Kelley Drye & Warren LLP

California Senate Public Safety Committee Advances Pro-Business Amendment to CIPA

On April 29, 2025, the Senate Public Safety Committee voted 6-0 to advance legislation that would exempt processing of personal information for a commercial business purpose from coverage by the California Invasion of Privacy...more

ArentFox Schiff

On Good Terms: Five Reasons Why Businesses Should Take Their Terms of Use Seriously

ArentFox Schiff on

Well-drafted and enforceable terms of use are an essential risk management tool for any business, particularly e-commerce sellers and online service providers. Despite their importance, however, terms of use are often...more

Faegre Drinker Biddle & Reath LLP

Courts Reject Theoretical Privacy Violations Due to Lack of Standing

Courts across the country are becoming skeptical of data breach and web tracking claims that assert theoretical privacy violations without alleging any actual injury to the plaintiffs. Recent decisions underscore that courts...more

Fisher Phillips

Businesses Get Big Privacy Win in Tester Plaintiffs’ Wiretapping Case: 3 Key Takeaways

Fisher Phillips on

In a big win for businesses, a California federal court just held that a “tester” plaintiff – someone who visits websites for purposes of initiating litigation – cannot bring a claim under the California Invasion of Privacy...more

Ice Miller

The Continuing Saga of Ad Tracking Litigation: What Businesses Need to Know

Ice Miller on

Recent months have seen a dramatic increase in demand letters and litigation targeting websites and mobile apps. These claims often allege privacy violations stemming from the use of various technologies such as chat bots,...more

Robinson+Cole Data Privacy + Security Insider

Is Your Business Trapped? The Rise of “Trap and Trace” Litigation

Almost every business has a website; every website should have a privacy policy, terms of use, and, in some cases, a consumer privacy rights notice—if certain state consumer privacy rights laws apply to your business, such as...more

WilmerHale

2024 Year in Review: Video Privacy Protection Act Litigation Trends

WilmerHale on

The Video Privacy Protection Act (“VPPA”), a federal statute enacted in 1988, is gaining new relevance in recent years as plaintiffs bring lawsuits with the goal of enforcing online privacy rights. 2024 saw a continuation of...more

Fisher Phillips

Tide May Be Turning in Businesses’ Favor After Key California Court Decisions in Website Tracking Cases

Fisher Phillips on

Two recent court decisions have provided businesses with long-awaited clarity on the reach of the California Invasion of Privacy Act (CIPA) – and could begin to redefine digital privacy litigation for the better. Two separate...more

Polsinelli

Technology Transactions & Data Privacy - 2025 Report

Polsinelli on

It is hard to believe that we are starting the 25th year of the 21st century. The rapid evolution that technology, privacy and data security have undergone these last 25 years is mindbending. Yet, as we enter 2025, it still...more

McDermott Will & Schulte

Data Privacy and Cybersecurity in 2025: Website Tracking

Following our recent client alert, learn more about enforcement targeting website tracking technologies and the impact on organizations in 2025. Elliot Golding and David Saunders share further insights from working with...more

Fisher Phillips

Top 5 Surprising Takeaways as Fisher Phillips Launches Digital Wiretapping Litigation Tracker

Fisher Phillips on

Some businesses might be surprised to learn that digital wiretapping litigation claims are one of today’s fastest-growing compliance risks, with over 1,560 lawsuits filed in 28 states since a groundbreaking 2022 decision...more

McDermott Will & Schulte

Data Privacy and Cybersecurity Developments We Are Watching in 2025

The act of predicting what will become the dominating storyline of data privacy and cybersecurity in 2025 is a hazardous enterprise, as one is almost surely to get something wrong. Without fail, every year, regulators and the...more

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