A sharp contrast in the speed of obtaining appellate review is emerging between two key privacy statutes. While the U.S. Supreme Court is set to resolve a circuit split over the Video Privacy Protection Act (VPPA), litigants grappling with the California Invasion of Privacy Act (CIPA)—a statute one federal judge recently described as a “total
Lexi Chapman
CIPA Reform in 2026: What Website Operators Need to Know
Over the last few years, businesses, nonprofits, and other website operators have seen thousands of lawsuits and arbitrations filed under the California Invasion of Privacy Act (CIPA) alleging that the use of ubiquitous cookies and pixels on websites violates CIPA’s wiretap and pen register provisions. The California legislature considered curbing that explosion of litigation with…
Disney Hit With Class Action Lawsuits Immediately Following FTC Settlement
Colorado Department of Law Adopts Amendments to Colorado Privacy Act Rules
On December 5, 2024, the Colorado Department of Law adopted amended rules to the Colorado Privacy Act (CPA).
The DOL had released the first set of the proposed amended rules—which relate to the interpretative guidance and opinion letter process, biometric identifier consent, and additional requirements for the personal data of minors—on September 13, 2024. The…
Court Denies Class Certification in VPPA Case
In a recent decision from the Southern District of Florida, U.S. District Judge Robert N. Scola, Jr. denied class certification of a proposed class of paid Univision NOW subscribers who assert that Univision NOW’s use of the Meta Pixel violates the Video Privacy Protection Act (VPPA). The three proposed class representatives allege D2C, LLC, doing…
BIPA Amendment Enacted
On August 5, 2024, Illinois Governor J.B. Pritzker signed into law SB 2979, significantly amending the state’s Biometric Information Privacy Act (BIPA). This update represents a considerable decrease in the potential for exorbitant financial liabilities for businesses that engage with biometric data while still maintaining the statute’s robust protections for individuals’ biometric data. The…
Historic $1.4 Billion Data Privacy Settlement between Meta and Texas
The State of Texas and Meta Platforms Inc. (“Meta”) have agreed to a $1.4 billion settlement, to be paid out over five years, to resolve claims relating to Meta’s alleged use of facial recognition technology without user consent. This settlement marks the largest privacy settlement obtained by a single state and is the first one…
California Senate Judiciary Committee Advances Amendments to the CCPA
At what has been described as a marathon hearing that lasted late into the night of July 9, the California Senate Judiciary Committee advanced several amendments to the California Consumer Privacy Act (the “CCPA”), but major changes that opponents claimed would have eroded privacy protections for consumers largely failed. The bills advanced from the Senate…