Just a few months after the U.S. Supreme Court narrowed the applicability of the federal Telephone Consumer Protection Act (TCPA), Florida has enacted a law that imposes broad prior consent requirements on phone and text solicitations and provides for statutory damages and a private …›
Starting next month, businesses in New York City that collect biometric identifier information may be required to provide individuals with notice and be prohibited from selling or profiting from such information. New York City’s biometric privacy law (2021 NYC Local Law No. 3, NYC …›
The Federal Trade Commission (FTC) is laying the groundwork to test the scope of its rulemaking authority. On March 25, 2021, FTC Acting Chairwoman Rebecca Slaughter (D) formed a group within the agency’s Office of the General Counsel to centralize FTC rulemakings. In announcing …›
The Supreme Court has issued its much-anticipated ruling in Facebook v. Duguid, impacting many pending TCPA cases nationwide and providing guidance to the many businesses that engage in calling and texting campaigns. The TCPA generally requires an individual’s prior consent to use an automatic …›
AI and machine-learning advances have made it possible to produce fake videos and photos that seem real, commonly known as “deepfakes.” Deepfake content is exploding in popularity. In this article, we explore deepfake technology and the legal risks it presents to companies while providing …›
In the final installment of our four-part Privacy Litigation Year in Review series, we focus on important developments in TCPA litigation. The Supreme Court struck down the TCPA’s government-backed debt exemption, leaving district courts to address five years of enforcement and liability under the …›
Third in our Privacy Litigation Year in Review series is an overview of cases under the Biometric Information Privacy Act (BIPA). 2020 was a busy year for BIPA litigants. Defendants in the flood of BIPA cases ranged from technology companies developing novel biometric products …›
In part two of our Privacy Litigation Year in Review series, we discuss how plaintiffs are challenging the limits of the California Consumer Privacy Act’s (CCPA) private right of action. In every respect, plaintiffs are trying to expand the private right of action. Given …›
2020: the year that will be remembered for privacy litigation. Well, OK, maybe not. But there were many developments in privacy litigation. In this four-part series, we will cover the key litigation developments arising out of data breaches, the California Consumer Privacy Act, the …›
David McDowell and Nancy Thomas authored an article for Law360 where they share five things in-house counsel can do when facing data breach class actions. First on the list is creating a strong foundation. “Depending on the nature and scope of the breach, companies can …›