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With the signature of Governor Jared Polis last week on the Colorado Privacy Act, Colorado became the third state (following California and Virginia) to adopt a comprehensive consumer privacy law.

We will provide you with a more comprehensive summary of the new Virginia and Colorado laws in the coming weeks, but for now, the highlights…

This week Adobe Inc. released some updated software for companies to target customers with advertising and offers using the brands’ own data as opposed to third-party cookies. More and more, third-party cookies are being eliminated from websites due to consumer concerns regarding unwanted tracking across the internet. Many web browsers already block third-party cookies, and…

At the beginning of April 2021, the U.S. Supreme Court unanimously ruled in favor of Facebook in Facebook, Inc. v. Duguid, reversing the decision of the Ninth Circuit Court of Appeals , holding: “To qualify as an ‘automatic telephone dialing system’ under the Telephone Consumer Protection Act (TCPA), a device must have the capacity…

The California Attorney General recently approved modified regulations under the California Consumer Privacy Act (CCPA). One part of the modified regulations bans “dark patterns” on a website. What are dark patterns? Public comments to the proposed regulations describe dark patterns as deliberate attempts to subvert or impair a consumer’s choice to opt-out on a website.…

California Attorney General Xavier Becerra announced this week that the Office of Administrative Law approved additional California Consumer Privacy Act (CCPA) regulations, which became effective March 15, 2021.

The additional changes to the regulations primarily affect businesses that sell the personal information of California residents. The changes include a uniform Opt-Out Icon for the…

California Governor Gavin Newsom, along with Attorney General Xavier Becerra, Senate President pro Tempore Toni G. Atkins (D-San Diego), and Assembly Speaker Anthony Rendon (D-Lakewood), announced the appointment of the five-member inaugural board for the California Privacy Protection Agency (CPPA) this week.

The Board was established by the California Consumer Privacy Rights Act (CPRA) and…

A federal District Court in California recently dismissed a lawsuit against Walmart that arose from an alleged data breach. (Gardiner v. Walmart, Inc., 20-cv-04618-JSW (N.D. Cal., March 5, 2021). Among other things, the court determined that California’s Consumer Privacy Act (CCPA) does not apply retroactively, dismissing the CCPA claim because the plaintiff had not…

This week, Consumer Reports published a Model State Privacy Act. The Consumer advocacy organization proposed model legislation “to ensure that companies are required to honor consumers’ privacy.” The model legislation is similar to the California Consumer Privacy Act, but seeks to protect consumer privacy rights “by default.”  Some additional provisions of the model law…

The California Consumer Privacy Act (CCPA) requires businesses covered by the CCPA to notify their employees of the categories of personal information the business collects about employees and the purposes for which the categories of personal information are used. The categories of personal information are broadly defined in the CCPA and include personal information such…