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Articles by Deborah Howitt
The Tidal Wave of Website Privacy Class Actions and Mass Arbitration Claims
We often hear of litigation trends described in dramatic terms: “the floodgates will open” or “a tidal wave of claims is coming.” Often the predictions end up being off the mark. But with respect to website privacy claims, companies being deluged in litigation claims and the metaphors are apt. A number of law firms in California and elsewhere are bringing large number of individual lawsuits, class actions and mass arbitrations.
Looking Down the Road: Data Privacy Priorities in 2024 | JD Supra
2023 brought a surge of data privacy developments, with a large expansion of state comprehensive privacy laws, litigation of new claims based on older laws (e.g. wiretapping and VPPA cases), increased scrutiny on data brokers, and more. Because 2024 is shaping up to be equally complex for those who manage data privacy in their organizations, we have compiled a summary of the US data privacy topics to watch in the coming year.
One-Stop Deletion from Data Brokers - California’s Delete Act | JD Supra
California Governor Newsom recently signed SB 362, known as the Delete Act, which creates a one-time mechanism for consumers to request that data brokers delete all personal data associated with the consumer. The legislation, which does not go into effect until January 2026, differs from California’s other privacy laws such as the California Consumer Privacy Act (CCPA) and California Privacy Rights Act (CPRA), although these older laws have set the ground work for the Delete Act.
Privacy Litigation Trends - Back to the Future | JD Supra
As states rapidly enact new consumer privacy legislation, businesses have been working tirelessly to comply with extensive new data protection obligations and build out compliance programs. Despite the fact that these new state laws lack a private right of action for violations associated with online tracking and data sharing, private plaintiffs across the country have found creative workarounds, filing a wide range of novel claims alleging violations of decades-old privacy laws.
California Attorney General Announces New Investigative Sweep Targeting CCPA Compliance for “Large California Employers” | JD Supra
On July 14, 2023, the California Attorney General announced an investigative sweep targeting CCPA compliance efforts by “large California employers.” The Attorney General’s Office stated that it sent inquiry letters to large California employers “requesting information on the companies’ compliance with the California Consumer Privacy Act (CCPA) with respect to the personal information of employees and job applicants.” The California Attorney General’s announcement is a reminder that all...
California AG Announces First CCPA Settlement and There is More Enforcement to Come | JD Supra
The first California Consumer Privacy Act (CCPA) settlement was announced on August 24, together with a strong message from California Attorney General Rob Bonta regarding compliance with the CCPA. The settlement involves Sephora USA, Inc., and resulted from a sweep of enforcements by the Attorney General last year. As part of the settlement, Sephora agreed to pay $1.2 million and comply with requirements related to its CCPA obligations.
Start Your Data Compliance Countdown! Colorado Becomes Third US State to Enact Privacy Law | JD Supra
Certain Colorado companies and others targeting Coloradans will soon be subject to the newly enacted Colorado Privacy Act (“CPA”), signed into law by Gov. Jared Polis on July 8, 2021. Colorado joins California and Virginia as the third state to enact its own comprehensive consumer data privacy legislation. Who must comply with the new CPA rules?
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