Does your company have website terms of use, or e-commerce terms?
If so, it’s important to know whether those terms are enforceable.
In Domer v. Menard, Inc., Domer wanted to recover a $1.40 pickup service fee for a can of paint she bought on the Menards’ website. In her suit, Domer alleged that Menards
A federal court last week sustained a First Amendment challenge to a Utah law aimed at addressing the use of social media platforms by minors, holding that the law’s proponents failed to demonstrate that the law served a compelling interest or was narrowly tailored.
On August 13, 2024, the Texas Attorney General’s Office (Texas AGO) filed a claim under Texas’s Deceptive Trade Practices-Consumer Protection Act challenging General Motors’ collection and use of data collected from consumers regarding their driving history. The Texas AGO’s complaint implicates thorny issues regarding how companies prepare and roll out privacy disclosures to consumers. The
In May, we told you about proposed revisions to the Illinois Biometric Information Privacy Act (“BIPA”) that should provide some welcome relief for defendants. Governor J.B. Pritzker has now signed that reform legislation into law.
On July 30, 2024, the Texas Attorney General’s Office announced a $1.4 billion settlement of biometric privacy claims brought against Meta arising from Meta’s historical use of facial recognition technology on photographs posted to Facebook’s social media platform.
In a welcome change for defendants, a recent amendment to the Biometric Information Privacy Act (“BIPA”) is expected to significantly curtail potential damages under the statute. SB 2979, which passed the General Assembly on May 16, 2024, clarifies that damages are per individual, rather than per violation, for violations of the collection provision under Section
Last week, the U.S. Securities and Exchange Commission (“SEC”) became the latest federal regulator to implement a data breach notification law. The commissioners unanimously voted to approve amendments to Regulation S-P (the “Final Rule”)—the regulation governing the use of consumers’ personal information and records—to require certain financial institutions to adopt and maintain data incident response
For years, we were able to tell most clients experiencing a potential data security incident that they likely had at least 30 days to notify any third parties about the incident – if they concluded it was a breach. There were, of course, exceptions in certain regulated industries, but most companies fell within the scope
Back in July, we shared some good news out of California when a state court judge ruled that the newest regulations under the California Consumer Privacy Act (“CCPA”) could not be enforced until March 2024. But last week, the agency charged with enforcing the CCPA – the California Privacy Protection Agency (with the confusingly similar
On November 30, 2023, the Illinois Supreme Court issued a much-anticipated decision in Mosby v. The Ingalls Memorial Hospital, answering a certified question about whether biometric information collected from health care workers is protected by the Illinois Biometric Information Privacy Act (BIPA) if that information is used for purposes related to health care treatment, payment,
