Privacy Counsel

32 total results. Page 1 of 2.

Privacy Counsel
February Privacy Report: FTC Expands Its Use of “Unfairness” Authority in GoodRx Matter
D. Reed Freeman Jr., Eva J. Pulliam, Michelle R. Bowling, Helenka B. Mietka
Headlines that Matter for Privacy and Data Security.
Alerts
Illinois Supreme Court Holds That Every Unlawful Biometric Scan or Transmission is Separate BIPA Claim
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.
Alerts
Biometric Privacy Class Actions Take Aim at Virtual “Try-On” Retailers
Robert D. Boley, D. Reed Freeman Jr., Adam L. Littman, Helenka B. Mietka, Nadav S. Pearl
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.
Privacy Counsel
Illinois Supreme Court: All BIPA Claims Subject to Five-Year Statute of Limitations
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. 
Privacy Counsel
New Class Action Alert: VPPA Claims
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.  
Privacy Counsel
2023 Resolution: Review & Update Your Privacy Program
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.
Privacy Counsel
December 2022 AFS Privacy Report: Pandora's Virtual Try-On Tool Leads to BIPA Class Complaint
Eva J. Pulliam, D. Reed Freeman Jr., Helenka B. Mietka
Headlines that Matter for Privacy and Data Security.
Privacy Counsel
Class Action Year in Review: BIPA Class Actions
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
Privacy Counsel
November 2022 AFS Privacy Report: FTC Is Tracking Twitter Developments With “Deep Concern”
D. Reed Freeman Jr., Eva J. Pulliam, Helenka B. Mietka
Headlines that Matter for Privacy and Data Security.
Privacy Counsel
October 2022 AFS Privacy Report: California Privacy Protection Agency Releases Updated Draft Regulations Ahead of October 28-29 Board Meeting
Eva J. Pulliam, D. Reed Freeman Jr., Helenka B. Mietka
Headlines that Matter for Privacy and Data Security.
Privacy Counsel
First BIPA Trial Results in $228M Judgment for Plaintiffs
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.
Privacy Counsel
Privacy Report- California Exemptions for B2B and Employee Data Set To Expire
Eva J. Pulliam
Headlines that Matter for Privacy and Data Security.
Privacy Counsel
Timing Is Everything: Ninth Circuit Addresses Chatbot Consent Requirements
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.
Privacy Counsel
Privacy Report: FTC Publishes Advance Notice of Proposed Rulemaking on Commercial Surveillance and Data Security
Eva J. Pulliam
Headlines that Matter for Privacy and Data Security.
Privacy Counsel
Are You Ready for 2023? New Privacy Laws To Take Effect Next Year
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.
Privacy Counsel
FTC Takes First Actions Under New Made in USA Labeling Rule, Fining Battery Companies for Violations
Anthony V. Lupo, Dan Jasnow
The Federal Trade Commission (FTC) recently cracked down on Lithionics Battery, LLC, and Lions Not Sheep Products, LLC, for violating the FTC’s Made in USA Labeling Rule. These are some of the first enforcement actions after the FTC codified its longstanding informal Made in USA guidance.
Privacy Counsel
Privacy Report: CPPA Amends Draft CPRA Regulations & Announces Public Comment Dates
Eva J. Pulliam
Headlines that Matter for Privacy and Data Security.
Privacy Counsel
Moving Closer to a Federal Data Privacy Act: House Subcommittee Advances American Data Privacy and Protection Act To Full Committee
Eva J. Pulliam, Oliver Spurgeon III*
As more states enact their own privacy laws, members of the privacy community and those impacted by privacy legislation continue to push for uniformity. The American Data Privacy and Protection Act (ADPPA) addresses this growing concern by drafting a uniform national data privacy framework.
Privacy Counsel
CPRA Draft Regulations: Three Key Takeaways
Eva J. Pulliam
The California Privacy Protection Agency (CPPA) published California Privacy Rights Act (CPRA) proposed regulations (Regulations) on May 27, 2022. The Regulations provide helpful insight into the CPPA’s vision for the CPRA and help to better prepare businesses.
Privacy Counsel
FTC Issues $150 Million Fine For Targeting Ads Based on Users’ Account Security Information
Eva J. Pulliam
The Federal Trade Commission (FTC) and Department of Justice (DOJ) recently ordered Twitter to pay $150 million for violating a 2011 FTC order that prohibited the company from misrepresenting its privacy and data security practices.
Privacy Counsel
Privacy Report: California Privacy Protection Agency Releases Draft CPRA Regulations
Eva J. Pulliam
Headlines that Matter for Privacy and Data Security.
Privacy Counsel
FTC Issues Policy Statement Emphasizing to the Ed Tech Industry That Children Shouldn’t Have To Surrender Their Privacy Rights To Learn
Eva J. Pulliam
As technology becomes increasingly a part of student learning, education technology (ed tech) companies, parents, and educators should stay abreast of children’s privacy rights under the Children’s Online Privacy Protection Act (COPPA).
Privacy Counsel
Virginia Finalizes CDPA Text With the Addition of Three Amendment Bills
Eva J. Pulliam
Headlines that Matter for Privacy and Data Security
Privacy Counsel
Colorado Attorney General Seeks Rulemaking Comments for the Colorado Privacy Act
Eva J. Pulliam
Headlines that Matter for Privacy and Data Security
Privacy Counsel
DOJ (Finally) Releases Website ADA Accessibility Guidance – But Still No Clear Rules
Eva J. Pulliam
Over half a decade after the industry developed its own standards in light of a lack of meaningful guidance from regulators, the Department of Justice recently issued a guidance document on compliance with the Americans with Disabilities Act (ADA) for website accessibility.