Repurposing old laws to challenge new technologies has become the new normal in the privacy space. Plaintiffs continue to bring a kaleidoscope of privacy claims against companies in the tech age, reviving laws like the California Invasion of Privacy Act of 1994 (“CIPA”), Video Privacy Protection Act (“VPPA”), Telephone Consumer Protection Act (“TCPA”), Pennsylvania Wiretapping and Electronic Surveillance Control Act, and Arizona Telephone, Utility, and Communication Service Records Act.
State Privacy Laws
Privacy Class Action Spotlight: Surge of Privacy Class Actions in Arizona Targeting Email Pixel Tracking
- There has been a recent surge of privacy class action lawsuits under the Arizona Telephone, Utility, and Communication Service Records Act targeting the use of common email marketing analytics technologies.
- Defendants are asserting standard defenses including lack of Article III standing as well as challenging the 2007 Arizona law’s applicability to email tracking pixels.
Court Rejects Claims that Website’s Live Chat Feature Violates California’s Prohibitions on Wiretapping and Eavesdropping
- Central District of California dismisses lawsuit alleging that a third-party’s interception of communications over a website’s live chat feature violated California’s wiretapping and eavesdropping prohibitions.
- Important to the Court’s holding was its finding that the code used by the third party to acquire and transmit the contents of the chat communications was not necessarily used to intercept the communications while they were “in transit” but rather to store them after they were received.
From Skincare to Spyware: L’Occitane’s CIPA War Against the Plaintiffs’ Bar
While French skincare company L’Occitane (the “Company”) successfully thwarted a mass arbitration effort by plaintiffs’ firm Zimmerman Reed and approximately 3,000 customers (the “Claimants”), the Southern District of California Court presiding over the matter indicated that the Company’s case against them was on the verge of dismissal. L’Occitane v. Zimmerman Reed, et al., No. 2:24-cv-01103 (C.D. Cal. April 15, 2024).
Going Beyond HIPAA – Washington Health Privacy Law Enacted: Broad Reach, Amorphous Scope, Big Litigation Risk
The Health Information Portability and Accountability Act (“HIPAA”) has long been described as the floor for health care privacy laws and that states and regulators are free to enact more restrictive health care privacy laws. Last week, Washington state became the first state in the nation to codify into law broad protections for consumer health data that go well beyond HIPAA.
One More Year: Attorney General Issues Final Regulations as CA Legislature Delays Some Compliance Obligations
Qualifying businesses have another year to complying with certain, major provisions of the CCPA. The CCPA, or the California Consumer Privacy Act of 2018, is a California law that gives California consumers, defined broadly to encompass all California residents, certain rights with respect to their personal information. Namely, it gives consumers the right to know about the personal information that businesses collect about them; the right to know what businesses do with that information; and, the right opt out of the sale of certain personal information if a business sells that personal information. In turn, qualifying businesses that do business in California must institute certain policies, practices, and methods that allow consumers to effectuate those rights.
CCPA: California Attorney General Releases Final Proposed Regulations
On June 1, 2020, the California Attorney General’s office released the third and final set of CCPA proposed regulations (available here). Below, we provide information about the final proposed regulations and enforcement actions.
California Governor Signs All Pending CCPA-Related Bills Into Law
On October 11, 2019, the California Governor, Gavin Newsom, signed into law five CCPA-amending bills and an additional CCPA-related bill that were awaiting his signature. The CCPA, or the California Consumer Privacy Act of 2018, gives California consumers certain rights to learn about and control how a business within the…