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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

Medical Marijuana Delivery App Agrees to Settle TCPA Case for $1.75M

The “Uber of weed” app developed by Eaze Solutions, Inc. (Eaze) provides information to users about the delivery of recreational and medical marijuana throughout California. Unfortunately, Eaze allegedly violated the Telephone Consumer Protection Act (TCPA) by inundating its users with unsolicited, autodialed text messages about how to buy marijuana. The named plaintiff alleges that she … Continue Reading

Preparing for Compliance with the California Consumer Privacy Act

On the heels of working with clients on compliance with the European Union’s General Data Privacy Regulation (GDPR) and the rapidly evolving landscape of data privacy and security laws and regulations, the next hurdle to set compliance sights on for organizations is the California Consumer Privacy Act (CCPA). We have previously outlined the requirements of … Continue Reading

Federal Privacy Law – Could It Happen in 2019?

This was a busy week for activity and discussions on the federal level regarding existing privacy laws – namely the European Union’s General Data Protection Regulation (GDPR) and the California Consumer Privacy Act (CCPA). But the real question is, could a federal privacy law actually happen in 2019? Cybersecurity issues and the possibility of a … Continue Reading

Plaintiff Argues GoDaddy Texting Campaign Used an Autodialer

Lead plaintiff, John Herrick, in the Telephone Consumer Protection Act (TCPA) class action lawsuit against GoDaddy.com LLC (GoDaddy.com) opposed an Arizona federal judge’s May 2018 decision to grant summary judgment in favor of GoDaddy.com. The court granted summary judgment on the grounds that the platform used to send the text messages did not qualify as … Continue Reading

TCPA Class Action filed Against Medspa for Unwanted Text Messages

Last week, Florida skin care spa, Medspa Del Mar LLC (Medspa) was hit with a Telephone Consumer Protection Act (TCPA) class action in federal court for allegedly using an automatic dialing system to send unwanted text messages advertising its treatments. Lead plaintiff claims that Medspa invaded her and other class members’ privacy by sending a … Continue Reading

CCPA Part 2 – What Does Your Business Need to Know? Consumer Requests and Notice to Consumers of Personal Information Collected

This week we continue our series of articles on the California Consumer Privacy Act of 2018 (CCPA). We’ve been discussing the broad nature of this privacy law and answering some general questions, such as what is it? Who does it apply to? What protections are included for consumers? How does it affect businesses? What rights … Continue Reading

California AG’s Office Begins CCPA Rulemaking Process with Series of Public Forums

On January 8, 2019, the California Department of Justice hosted the first in a series of six public forums on the California Consumer Protection Act (CCPA). The forums offer the public an opportunity for comment in advance of the drafting of regulations by the state Attorney General’s office. These regulations are seen as being particularly … Continue Reading

UK Information Commissioner’s Office Issues Guidance on Use of Encryption and Passwords in Connection with GDPR

The “security principle” under the General Data Protection Regulation (GDPR) requires that organizations process personal data securely by means of “appropriate” technical and organizational measures. This month, the United Kingdom’s Information Commissioner’s Office (ICO) issued new guidance focused on two specific measures the ICO recommends that companies consider in complying with the GDPR security requirements: … Continue Reading

French Data Protection Authority Issues Guidance on Interaction of Blockchain Technology with GDPR

Last month, the French data protection authority (the CNIL) issued initial guidance addressing issues that applications utilizing blockchain technology should consider in order to comply with the European General Data Protection Regulation (GDPR). As recognized by the CNIL, there are certain natural conflicts between GDPR and blockchain technology. A critical feature of the blockchain is … Continue Reading

Apple CEO Calls for Comprehensive US Privacy Laws

Tim Cook, Apple CEO, recently delivered the keynote address for a privacy conference, attended by policy experts and European Union (EU) lawmakers in Brussels, Belgium, where he advocated for new data privacy laws in the United States, similar to the EU’s General Data Protection Regulation (GDPR). Cook said that modern technology has led to the … Continue Reading

Facebook Acknowledges Breach of Sensitive Data for Nearly 30 Million Users

As we previously noted, Facebook originally announced a breach late last month, in which hackers took advantage of a code vulnerability in the website’s “View As” feature, to access user’s data. However, on October 12, 2018, Facebook stepped back the number of affected accounts from 50 to roughly 30 million, and it acknowledged that hackers … Continue Reading

Choice Hotels Sued for Failing to Provide Information about Accessibility to Users

Choice Hotels International Inc., was recently sued for failing to provide disabled users with information about its rooms’ and grounds’ accessibility. The suit, referencing the Comfort Inn in Gainesville, Florida, states that the hotel’s online reservation system fails to provide users with information about the accessible features for those using wheelchairs or canes. According to … Continue Reading

GDPR Awareness Is On The Rise as Complaints Increase

The United Kingdom data privacy watchdog reports that the number of complaints received since the EU’s General Data Protection Regulation (GDPR) took effect three months ago has almost doubled.  Under GDPR, anyone who believes their personal data has been misused can file a complaint with the Information Commissioner’s Office, or ICO. Legal Experts say GDPR … Continue Reading

Another Employer in Illinois Hit With Class Action Over Biometrics

Companies doing business in Illinois should consider getting up to speed on the Illinois Biometric Information Privacy Act (BIPA). We have reported on numerous (but not all) cases filed against technology companies and employers for alleged violations of BIPA [view related posts here]. The class action lawsuits continue to get filed at a rapid pace, … Continue Reading
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