- 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.
privacy law
From Skincare to Spyware: L’Occitane’s CIPA War Against the Plaintiffs’ Bar
By Aaron Francis on
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).
Privacy Class Action Spotlight: Latest Wave of Wiretap Class Actions Continues Despite Dismissals as Plaintiffs Try New Approaches
By Danielle Brooks, Leslie Shanklin & Ryan P. Blaney on
- Over a hundred cases are pending from the wave of privacy class actions that commenced last year alleging violations of state wiretap statutes based on use of website session replay, chatbot and pixel technologies.
- Plaintiffs’ firms are continuing to file new cases based on chatbot and pixel tech despite an increasing number of dismissals while also trying new approaches focused on email marketing tech and identity graphing.
HHS Publishes Roadmap of New Strategy for Cybersecurity in the Healthcare Sector
The U.S. Department of Health and Human Services (HHS) recently issued a strategy paper highlighting key aspects of its plan to revamp cybersecurity requirements in the healthcare industry. Citing a 93% increase in large data breaches in healthcare from 2018 to 2022 and a rapid increase in ransomware attacks against…
Consumer Data Privacy Laws: What’s Happened and What Comes Next
By Michael Guggenheim on
Increasing oversight of tech companies, particularly in the realm of consumer privacy, has been a rare example of bipartisan agreement. Despite data privacy being a growing concern for consumers, however, there has been relatively little federal policymaking. To counteract this lack of action, some states have stepped in to fill…
Going Beyond HIPAA – Washington Health Privacy Law Enacted: Broad Reach, Amorphous Scope, Big Litigation Risk
By Jonathan Mollod & Ryan P. Blaney on
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.
2022 Trends in Privacy and Data Security Law
By Jonathan Mollod & Jeffrey Neuburger on
As the National Security Agency (NSA) noted in its 2022 cybersecurity yearly review, “[c]yberspace is dangerous.”
Reports of sophisticated cyberattacks and ransomware threats were prevalent in the past year. The government, manufacturers, and others further developed standards for securing digital infrastructure like 5G, cloud services, cryptography, internet protocols, and…
Shining a Light on the Corporate Transparency Act: FinCEN’s Rules for Beneficial Ownership Reporting
On January 1, 2021, Congress enacted the Corporate Transparency Act as part of the Anti-Money Laundering Act of 2020 to “better enable critical national security, intelligence, and law enforcement efforts to counter money laundering, the financing of terrorism, and other illicit activity.” FinCEN issued the final rule on Beneficial Ownership…