Privacy Counsel
42 total results. Page 1 of 2.
D. Reed Freeman Jr.
From its founding in 1914 until roughly 2018, the Federal Trade Commission (FTC) enjoyed near complete hegemony as the primary consumer protection enforcement agency in the United States.
D. Reed Freeman Jr.
The Federal Trade Commission’s (FTC) privacy and consumer protection enforcement program is in the midst of a transformative period under the leadership of Chair Lina Kahn.
D. Reed Freeman Jr.
The Federal Trade Commission (FTC) is more active in privacy and data security enforcement actions now than at any time in recent memory.
D. Reed Freeman Jr.
On July 13, 2023, The Washington Post broke the news that the Federal Trade Commission (FTC) had issued a Civil Investigative Demand (CID) — a sort of a pre-litigation subpoena as part of what is supposed to be a nonpublic investigation — to OpenAI, LLC, the maker of ChatGPT and DALL-E.
D. Reed Freeman Jr., Dan Jasnow, Eva J. Pulliam, Constance Zhou
In a putative class action filed on June 28, 2023, in the Northern District of California, and in other similar cases, plaintiffs allege that OpenAI, Microsoft, and their respective affiliates violated the privacy rights of millions of internet users through large-scale data scraping.
Robert D. Boley, Paula M. Ketcham, Adam L. Littman
In the closely-watched first case to go to trial under the Illinois Biometric Information Privacy Act (BIPA), a federal judge has now vacated a $228 million award of statutory liquidated damages. The judge concluded that damages under BIPA are discretionary and ordered a new trial on damages.
D. Reed Freeman Jr.
Companies around the world are rushing to integrate generative artificial intelligence (GenAI) into their user interfaces to automate and deliver tailored website and application interfaces, customer service interactions, and advertising content to individual users in more personalized ways than eve
D. Reed Freeman Jr.
In the United States, the principle of data minimization is embedded firmly within the Federal Trade Commission (FTC) Act, through FTC enforcement activities, and in the host of state-level privacy laws and rules that have proliferated in recent years.
D. Reed Freeman Jr.
Data protection assessments are required for high-risk processing activities in a rapidly growing set of federal, state, and international comprehensive privacy laws.
D. Reed Freeman Jr.
Pixels are the new cookies. Here we go again. The Federal Trade Commission is continuing its assault on trackers with its latest enforcement actions against GoodRx Inc. and BetterHelp Inc.
D. Reed Freeman Jr., Eva J. Pulliam, Michelle R. Bowling, Helenka B. Mietka
Headlines that Matter for Privacy and Data Security.
D. Reed Freeman Jr., Paula M. Ketcham, Adam L. Littman, Robert D. Boley
A split Illinois Supreme Court issued on Friday another long-awaited decision interpreting the Illinois Biometric Information Privacy Act (BIPA), holding that a separate BIPA violation occurs with each undisclosed and unconsented-to scan or transmission of an individual’s biometric identifier.
Robert D. Boley, D. Reed Freeman Jr., Adam L. Littman, Helenka B. Mietka
In recent months, there has been a surge of class actions brought under the Illinois Biometric Information Privacy Act (BIPA) against retailers using virtual “try-on” features on their websites.
Robert D. Boley, Paula M. Ketcham, Adam L. Littman
In a long-awaited development, on February 2, 2023, the Illinois Supreme Court held that all claims under the Illinois Biometric Information Privacy Act (BIPA) are subject to a five-year statute of limitations.
Adam D. Bowser, Eva J. Pulliam
The newest old privacy law being weaponized in consumer class actions is the Video Privacy Protection Act (VPPA), a Reagan- era law passed in the wake of Judge Robert Bork’s video rental history being leaked to the press.
D. Reed Freeman Jr., Eva J. Pulliam
Five new state omnibus privacy laws take effect in 2023, with two that already kicked in on January 1.
Eva J. Pulliam, D. Reed Freeman Jr., Helenka B. Mietka
Headlines that Matter for Privacy and Data Security.
Robert D. Boley, D. Reed Freeman Jr., Paula M. Ketcham, Adam L. Littman, Eva J. Pulliam
Illinois Biometric Information Privacy Act (BIPA) class action lawsuits were heavily litigated again in 2022, as plaintiffs continued to target companies using biometric technology and their vendors. At the same time, avoiding liability continued to be a challenge for businesses defending BIPA cases
D. Reed Freeman Jr., Eva J. Pulliam, Helenka B. Mietka
Headlines that Matter for Privacy and Data Security.
Eva J. Pulliam, D. Reed Freeman Jr., Helenka B. Mietka
Headlines that Matter for Privacy and Data Security.
Robert D. Boley, Paula M. Ketcham, Adam L. Littman
Businesses defending class actions under the Illinois Biometric Information Privacy Act (BIPA) have struggled to defeat claims in recent years, as courts have rejected a succession of defenses.
Eva J. Pulliam
Headlines that Matter for Privacy and Data Security.
Adam D. Bowser, Eva J. Pulliam
According to a recent unpublished Ninth Circuit ruling, obtaining consent prior to using recording technologies is required for purposes of the California Invasion of Privacy Act (CIPA). This ruling is notable for website operators as it signals obtaining targeted consent.
Eva J. Pulliam
Headlines that Matter for Privacy and Data Security.
Eva J. Pulliam
Five new state omnibus privacy laws have been passed and will go into effect in 2023.
Organizations should review their privacy practices and prepare for compliance with these new privacy laws.
Organizations should review their privacy practices and prepare for compliance with these new privacy laws.