2022 saw cases continue to be filed under the California Consumer Privacy Act (“CCPA”), although perhaps reflecting the increasing reliance of the plaintiffs’ bar on negligence and tort-based privacy claims concerning a defendant’s alleged failure to maintain “reasonable security,” the number of cases of CCPA based claims declined. Read on for Privacy World’s highlights of
In case you missed it, below are recent posts from Consumer Privacy World covering the latest developments on data privacy, security and innovation. Please reach out to the authors if you are interested in additional information.
A federal court recently sanctioned defendants for spoilation of evidence in litigation. In doing so, the Court rejected the Defendant’s argument that they changed their data settings in good faith to align with the California Consumer Privacy Act of 2018 (“CCPA”) and the International Standard of Operation Compliance (“ISO”). 2022 U.S. Dist. LEXIS 178233 (N.D. Ohio Sep. 29, 2022). Read on to learn more.
Continue Reading Federal Court Sanctions Company for Spoilation of Evidence Over Arguments Data Settings Changed to Comply with CCPA and ISO Requirements
Is an online-only business a place of public accommodation under Title III of the Americans with Disabilities Act of 1990 (ADA)? Yes, claimed the plaintiff in Martinez v. Cot’n Wash, Inc., 81 Cal. App. 5th 1026 (Cal. App. August 1, 2022). The Martinez plaintiff, who was permanently blind and used screen readers (i.e., software that audibly reads website content), alleged that “well-established industry standards” require websites to allow blind or visually impaired people access to websites, which one of the defendant’s websites—an e-commerce site—did not. No, said the California Court of Appeal, disagreeing with the plaintiff.
Continue Reading Online-Only Businesses Are Not a Place of Public Accommodation: California State Appellate Court Follows the Ninth Circuit in ADA-Related Ruling
In case you missed it, below are recent posts from Consumer Privacy World covering the latest developments on data privacy, security and innovation. Please reach out to the authors if you are interested in additional information.
2023 State Privacy Laws: How to Assess and Ensure Readiness by Year-end
We head into the fourth quarter on the heels of the first public California Consumer Privacy Act (CCPA) civil penalty, while also looking ahead to the new state privacy laws in Virginia, Colorado, Connecticut, and Utah and the significant updates that the California Privacy Rights Act (CPRA) will bring to the CCPA. Considering that regulations
The Federal Trade Commission (FTC) has released a staff report, Bringing Dark Patterns to Light, which discusses misleading and manipulative design practices—dark patterns—in web and mobile apps. These design choices take advantage of users’ cognitive biases to influence their behavior and prevent them from making fully informed decisions about their data and purchases. Dark patterns are employed to get users to surrender their personal information, unwittingly sign up for services, and purchase products they do not intend to purchase. The consequences of dark patterns have been increasingly noticed in the regulatory and legislative sphere, both in the United States and Europe.
Continue Reading Dark Patterns under the Regulatory Spotlight Again
In case you missed it, below are recent posts from Consumer Privacy World covering the latest developments on data privacy, security and innovation. Please reach out to the authors if you are interested in additional information.
CPW’s Shea Leitch and Kyle Dull to Speak at ACC South Florida’s 12th Annual CLE Conference
CPW’s Kristin Bryan, a 2022 Law360 Privacy & Cybersecurity MVP as well as a featured subject matter expert for LexisNexis, Jesse Taylor and Shing Tse teamed up to co-author a chapter of the Lexis Practical Guidance titled “Privacy, Cybersecurity and Data Breach Litigation: Key Laws and Considerations”. In this practice
In case you missed it, below are recent posts from Consumer Privacy World covering the latest developments on data privacy, security and innovation. Please reach out to the authors if you are interested in additional information.