2024 marked another significant year for privacy law, with new state legislation and high-stakes litigation reshaping the landscape. Legal battles over tracking technologies, biometric data, and children’s privacy intensified, while federal agencies, including the Federal Trade Commission (“FTC”) and the U.S. Department of Health and Human Services Office for Civil Rights (“HHS OCR”), ramped up their efforts through major enforcement actions and high-profile settlements, marking a new era of increased accountability.
Logan White Levy
Now Trending: The TikTok Dox
By Jeff Warshafsky, Aaron Francis & Logan White Levy on
- Plaintiffs are persistently crafting creative legal theories to target tracking technologies.
- One new approach is to characterize tracking technologies as “pen registers” or “trap and trace devices” used in violation of CIPA § 638.51.
- The TikTok Analytics software is at issue in many of these new claims, and
Same Song, Different Tune: Plaintiffs’ Bar Adds the Song-Beverly Credit Card Act to its Privacy Repertoire
By Jeff Warshafsky, Aaron Francis & Logan White Levy on
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.