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CCPA 2.0 May Be Heading for the November Ballot in California

The consumer group Californians for Consumer Privacy announced on May 4, 2020, that it was submitting well over 900,000 signatures to qualify the California Privacy Rights Act (CPRA) for the November 2020 ballot. This new ballot initiative, which can be reviewed here, creates some additional consumer privacy rights and expands some areas already included in … Continue Reading

Businesses and Trade Groups Seek Delay in CCPA Enforcement Actions

Recently businesses and advertising trade groups wrote a letter to the California Attorney General Xavier Becerra to request delayed enforcement of the California Consumer Privacy Act (CCPA) as a result of the COVID-19 global pandemic. The letter cited the current health crisis as a result of COVID-19 and a state of national emergency as the … Continue Reading

California Attorney General Releases Additional Modifications to Draft CCPA Regulations

On March 11, 2020, the California Attorney General released the second set of modifications to the draft California Consumer Privacy Act (CCPA) regulations. This set of modifications contains deletions to language that was included in the February modifications to the regulations as well as some new language. Notable changes include the deletions of the “do … Continue Reading

Judge Rejects $4 Million TCPA Settlement

This week, a Pennsylvania federal judge refused to approve a proposed $4 million settlement for violations of the Telephone Consumer Protection Act (TCPA) because it would provide the 67,000 class members with only $35 each. In the 50-page opinion, U.S. District Judge Michael Baylson said that Flagship Credit Acceptance LLC (Flagship) ought to be able … Continue Reading

The Washington Privacy Act – Re-Introduced for 2020 – Is it the Best of CCPA and GDPR?

Washington legislators recently introduced the Washington Privacy Act (WPA). This legislation is a consumer-focused privacy law similar to the California Consumer Privacy Act (CCPA) but it also has some European Union General Data Protection Regulation (GDPR)-like concepts. The WPA protects personal data in much the same way as the CCPA, but with some significant differences. … Continue Reading

California Attorney General Releases Modified Draft CCPA Regulations

On February 10, 2020, the California Attorney General’s Office released modified California Consumer Privacy Act (CCPA) regulations. There are some notable differences in the regulations from the first draft, which can be seen in this redlined version. This article will highlight some of the new language added in the latest draft of the regulations. What’s … Continue Reading

IoT Manufacturers – What You Need to Know About California’s IoT Law

California has a privacy law that took effect on January 1, 2020, and it’s not the California Consumer Privacy Act (CCPA). This new privacy law regulates Internet of Things (IoT)-connected devices. SB 327 was enacted in 2018 and became effective on January 1, 2020. The California IoT law requires manufacturers of connected devices to equip … Continue Reading

Knowledge is Power: California Attorney General Issues Advisory on the CCPA

California Attorney General Xavier Becerra said last week that “knowledge is power, and in today’s world knowledge is derived from data. When it comes to your own data, you should be in control…” These words came in an Advisory highlighting California consumers’ rights under the California Consumer Privacy Act (CCPA). The Advisory outlined several areas … Continue Reading

CCPA Recap for the New Year

After much anticipation and trepidation, the California Consumer Privacy Act (CCPA) went into effect on January 1, 2020. Many companies are understandably still grappling with the details of the law, the amendments, and the proposed regulations and how to comply with them. If you have not determined whether the CCPA applies to your company, and … Continue Reading

CCPA Amendment Details to Consider

In delving deeply into the California Consumer Privacy Act (CCPA), the Amendments recently signed by the California Governor, and the proposed Regulations issued by the California Attorney General, we thought it would be helpful to point out some details that are important to consider for compliance which are not obvious in the CCPA discussions we … Continue Reading

CCPA News: Amendments Signed into Law by the California Governor and Draft Regulations Released by the State’s Attorney General

Last week was a busy week for the California Consumer Privacy Act (CCPA), as Attorney General Xavier Becerra released draft regulations on October 10 and Governor Newsom signed several pending CCPA amendments into law on October 11.  The CCPA amendments clarified several important issues, including: employee information and business-to-business (B2B) communications are exempt from the … Continue Reading

From California to Nevada: Another State Privacy Law That You Need to Know

While we’ve discussed the California Consumer Privacy Act (CCPA) at length, Nevada was busy amending its internet privacy law and in the process beat California’s deadline for the effective date by three months. Nevada’s SB 220 is effective as of October 1, 2019. This law prevents covered operators from selling individual’s personal information and allows … Continue Reading

U.S. Supreme Court Declines to Hear Case on Whether Commercial Websites and Mobile Apps Subject to Title III of the Americans with Disabilities Act (the “ADA”)

The ADA was enacted in 1990 to prohibit discrimination against persons with disabilities. It did not include express rules about access to websites and mobile apps. But that hasn’t stopped a flood of lawsuits against companies based on claims their websites or mobile apps might not be accessible to people with disabilities, such as visual, … Continue Reading

CCPA Draft Regulations Expected in October

Bloomberg Law reported this week that California Attorney General Xavier Becerra expects to issue draft regulations for the California Consumer Privacy Act (CCPA) in October. Bloomberg reported that AG Becerra told reporters the regulations would be published next month. Businesses and consumers will then be able to submit public comments to the regulations. Bloomberg also reported … Continue Reading

$267 Million Judgment Against Debt Collector for TCPA Violations

On September 10, 2019, California federal judge, U.S. District Judge Yvonne Gonzalez Rogers, entered a $267 million judgment against a debt collection agency, Rash Curtis & Associates (Rash Curtis), for its violation of the Telephone Consumer Protection Act (TCPA) for over 534,000 unsolicited robocalls. This judgment comes after a May jury trial in which the … Continue Reading

Keep Privacy Shield Certification on the Radar Screen

After all of the GDPR compliance assessments, implementation and hullaballoo in the last year or so, many companies chose to certify that they are compliant with the EU-U.S. Privacy Shield framework rather than implementing a full-blown GDPR compliance program. To attain Privacy Shield certification, companies must submit an application and certify that when consumer data … Continue Reading

Delta Sues Vendor for Causing Data Breach

In an unusual move, Delta Airlines (Delta) sued one of its vendors last week for the data breach it experienced in 2017. It’s an unusual move for several reasons. First, in our experience when a vendor causes a data breach, there is usually a contractual provision that can be followed that outlines the responsibility of … Continue Reading

CCPA Update

We have been watching all of the activity around the proposed amendments to the California Consumer Privacy Act (CCPA) to see where the law settles to assist with compliance. Not surprisingly, but nonetheless important to know, is the fact that the California Assembly on May 29, 2019, unanimously passed an amendment to CCPA that excludes … Continue Reading

Questions to Consider Asking Your Broker About Cyberliability Coverage

One of the first questions we ask our clients when they call about a security incident is whether they have insurance that may cover the costs associated with investigating the incident, potential forensic analysis, and coverage for a data breach. Sometimes the client will say “Yes, we have cyber coverage.” However, when reviewing the coverage … Continue Reading

Privacy Tip #192 – Combating Robocallers: California AG Hits Scam Telemarketers with $1.5M in Judgments

Like many of you, I don’t answer my cell phone unless the number pops up as someone I know, because a majority of the calls I get are spam or robocalls. It’s so frustrating. Although these calls are probably a violation of the Telephone Consumer Protection Act (TCPA), the Federal Trade Commission (FTC) – the … Continue Reading

Another California Consumer Privacy Act of 2018 Amendment—Employees and/or Job Applicants Are Not Consumers

A few weeks ago, I pondered whether the California Consumer Privacy Act of 2018 (CCPA) is still a bit of a work in progress with the introduction of a proposed amendment. Recently, another amendment was proposed by Assembly Member Edwin Chau in the form of Assembly Bill 25. Assembly Bill 25 would exclude employees and … Continue Reading
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