Tag Archives: consumer privacy

CPRA Series: The Importance of Data Retention Schedules and Records Management Policies

Record retention and records management policies are key elements for a company’s data protection program. Numerous recently enacted, or amended, data protection laws adopt data retention or storage limitation principles to safeguard personal information. Companies that do not have clearly defined record retention practices should take notice. Companies with existing practices should review those practices … Continue Reading

CPRA Series: Sensitive Personal Information

The California Privacy Rights Act of 2020 (CPRA) becomes operative on January 1, 2023. Among its numerous amendments and additions to the existing California Consumer Privacy Act (CCPA), the CPRA expands the definition of Personal Information. Specifically, it adds the category of Sensitive Personal Information. This new category tracks the EU General Data Protection Regulation’s … Continue Reading

California DOJ Issues Fourth Set of Modifications to the CCPA Regulations

On December 10, 2020, the California Department of Justice (“Department”) announced a fourth set of modifications to the California Consumer Privacy Act’s (CCPA) regulations.  The deadline to submit comments to the modifications is Monday, December 28, 2020. As a quick recap of past developments related to the CCPA regulations, the Department first published proposed regulations … Continue Reading

CPRA Series: New, Expanded and Modified Consumer Rights

On November 3, 2020, Californians approved another significant piece of privacy rights legislation, the California Privacy Rights Act, or the CPRA.  The CPRA amends and expands the already (almost) infamous CCPA (California Consumer Privacy Act), which is the privacy law that went into effect in the Golden State last year. New Rights under CPRA The … Continue Reading

TCPA Is Unenforceable Since 2015 – Federal Courts in Louisiana and Ohio Rule

In late September, the United States District Court for the Eastern District of Louisiana issued a first of its kind  ruling regarding the Telephone Consumer Privacy Act (“TCPA”). The court held that TCPA provision,  47 U.S.C. § 227(b)(1)(A)(iii) – which prohibits calls (and messages) made using an Automatic Telephone Dialing Systems (“ATDS”)to any cellular telephone number … Continue Reading

CPRA Series: Extension of CCPA’s Anti-Discrimination/Retaliation Provision to Employees, Applicants, and Independent Contractors

During the California Consumer Privacy Act’s (“CCPA”) amendment process prior to enactment, personal information in the employment context was highly contested and has continued to be a point of deliberation even after the CCPA’s effective date last January 1, 2020.  CCPA excludes certain employment-related personal information from most of the act’s requirements until January 1, … Continue Reading

California Passes Prop 24: Here Comes CCPA 2.0

It goes without saying that November 3rd 2020 was an important day for the future of the nation, but it was also a significant day for the future of California privacy law.  On Tuesday, a strong majority of California voters supported Proposition 24, a ballot measure which aims to expand and enhance the California Consumer … Continue Reading

Eleventh Circuit rejects incentive awards for class plaintiffs

Co-Author: Eric R. Magnus The Eleventh Circuit Court of Appeals recently ruled that “incentive” or “service” awards to lead plaintiffs in Rule 23 class actions are unlawful. It is the first circuit court of appeals to expressly invalidate such awards as a matter of law. (Johnson v. NPAS Solutions, LLC, No. 18-12344, September 17, 2020). … Continue Reading

California DOJ Announces a Third Set of Modifications to the CCPA Regulations

Back in August, after much anticipation and several rounds of review and modification, the California Consumer Privacy Act (CCPA) regulations finally became effective. This was long awaited by businesses and their service providers looking for compliance guidance and clarity on key issues related to facilitation of consumer rights.  This week, the California Department of Justice … Continue Reading

California Assembly Passes CCPA Amendment: Employee Personal Information Exemption Extension

The California Consumer Privacy Act (“CCPA”) has only been in effect since January, but amendments are already on the horizon. Personal information in the employment context was highly contested during the CCPA’s amendment process prior to enactment and has continued to be a point of deliberation even after the CCPA’s effective date. In its current … Continue Reading

Will the Public Health Emergency Privacy Act Make it into the Next Stimulus Package?

Despite several attempts, Congress has struggled to push forward a federal consumer privacy law over the past few years. But the COVID-19 pandemic, which has raised concerns regarding location monitoring, GPS tracking and use of health data, has heightened the urgency for federal consumer privacy legislation. In May, a group of Democrats from the U.S. … Continue Reading

Supreme Court Will Take on The TCPA Again

Back in October of 2019, the U.S. Supreme Court was petitioned to review a Ninth Circuit ruling regarding the Telephone Consumer Privacy Act (“TCPA”) on the following issues: 1) whether the TCPA’s prohibition on calls made by an automatic telephone dialing system (“ATDS”) is an unconstitutional restriction of speech, and if so whether the proper … Continue Reading

Supreme Court Weighs in on TCPA Constitutionality

In a much-anticipated Supreme Court decision, Barr v. American Association of Political Consultants, sure to impact the future of the Telephone Consumer Protection Act (“TCPA”), the Court addressed the issue of whether the government-debt exception to the TCPA’s automated-call restriction violates the First Amendment, and whether the proper remedy for any constitutional violation is to … Continue Reading

CCPA Litigation is on the Rise: Is Your Organization Prepared?

On January 1, 2020 the California Consumer Privacy Act (CCPA) took effect. Largely considered the most expansive U.S. privacy law to date, there has been much anticipation over the impact the law will have on the privacy litigation landscape. Although the California Attorney General’s (“AG”) enforcement authority only begins on July 1, this has not … Continue Reading

The California Privacy Rights Act (“CPRA”) Headed to the November 2020 Ballot

As we recently reported, the privacy-right activist group that sponsored the California Consumer Privacy Act (“CCPA”) – Californians for Consumer Privacy – is pushing for an even more stringent privacy bill, the California Privacy Rights Act (“CPRA”). The CRPA has now qualified for the November 3, 2020 ballot, gathering more than 600,000 valid signatures as required, according … Continue Reading

CCPA 2.0 – More Privacy Legislation in the Golden State?

Most companies continue to grapple with compliance with the California Consumer Privacy Act (“CCPA”), which went into effect in January. Companies have overhauled their privacy programs and policies and designed new systems to comply with the CCPA. Now, the privacy-right activist group that sponsored the CCPA – Californians for Consumer Privacy – is pushing for … Continue Reading

California AG Urges Consumers to be Vigilant While Online During the COVID-19 Pandemic

With California’s mandatory COVID-19 stay-at home orders impacting some 40 million people by forcing the vast majority of them to connect remotely to work, go to school, order necessities, socialize and do many other things, California’s Attorney General Xavier Becerra recently issued an alert reminding consumers of their privacy rights and to encourage them to … Continue Reading

Federal COVID-19 Consumer Data Protection Bill Introduced

As the COVID-19 pandemic presses on, legislators and regulators continue to remind the public of the importance of data security and privacy protections. On April 30th, U.S. Senator Roger Wicker (R-Miss), Chairman of the Senate Committee on Commerce, Science, and Transportation, announced plans to introduce (jointly with several co-sponsors) the COVID-19 Consumer Data Protection Act. … Continue Reading

California AG Urges Congress Not to Preempt the CCPA

Earlier this month, California Attorney General (“AG”) Xavier Becerra sent a letter to several members of U.S. Congress, providing an update on the implementation of the newly effective California Consumer Privacy Act (CCPA), and urging Congress not to enact a federal law that would preempt the CCPA and other state consumer privacy measures. Instead, AG … Continue Reading

Requests to Know under the CCPA: Practical Compliance Tips

The much anticipated California Consumer Privacy Act (“CCPA”) is now in effect (as of January 1, 2020), and as we’ve recently reported, class action litigation under the CCPA has already begun.  Organizations should have already assessed whether their business is subject to the new law and if so, taken steps to ensure compliance.  Likely, one … Continue Reading

The Case that Sparked the CCPA Gets an FTC Final Order

Recently, the U.S. Federal Trade Commission issued an important opinion, concluding that Cambridge Analytica, LLC, the data analytics and consulting company, engaged in “deceptive practices to harvest personal information” of tens of millions social media users, by way of using their data from a company developed app, GSRapp, for voter profiling purposes without the users’ … Continue Reading

CCPA Update: AG Announces Proposed Regulations, Governor Signs Amendments into Law

Lots of action for the California Consumer Privacy Act (CCPA) in the last few days! After much anticipation, on October 10th, 2019, California Attorney General Xavier Becerra (“the AG”) announced the Proposed Regulations for the CCPA.  The next day, California Governor Gavin Newsom signed into law six amendments to the CCPA. Below is a summary of … Continue Reading

Celebrate National Cybersecurity Awareness Month with CCPA FAQs!

October is National Cybersecurity Awareness Month (NCSAM)! NCSAM is an annual event designed by the U.S. Department of Homeland Security (DHS) and co-led by the Cybersecurity and Infrastructure Security Agency (CISA) and National Cybersecurity Alliance (NCSA). NCSAM is a collaborative effort by both government and industry leaders intended to enhance public awareness regarding cybersecurity . … Continue Reading
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