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
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Navigating the 2026 CCPA Updates
Navigating the 2026 CCPA Updates
As forecasted, effective January 1, 2026, businesses that are subject to the California Consumer Privacy Act (CCPA) must comply with newly-updated regulations. For some businesses, complying with these updates will require the implementation of or updates to policies and procedures related to, among other things, risk assessments, cybersecurity…
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…
Connecticut Amends Privacy Law
On June 11, 2025, Connecticut passed Senate Bill 01295 (SB 01295). If signed by the governor, SB 01295 will amend the existing Connecticut Data Privacy Act (CTDPA) in several important ways, with the amendments going into effect on July 1, 2026.
Expanded Scope: In what is seen as a general trend, SB 01295…
House Committee Announces Formation of Working Group to Develop Federal Comprehensive Privacy Law
On February 12, 2025, the House Energy and Commerce Committee Chair Brett Guthrie (R-Ky) and Vice Chair John Joyce (R-Pa) announced the formation of 12-member working group tasked with developing comprehensive data privacy legislation to establish a national privacy framework governing how companies can collect, use, and share personal data.
The announcement of the working…
CFPB Finalizes Open Banking Rule
On October 22, 2024, the Consumer Financial Protection Bureau (“CFPB”) issued its final rule implementing Section 1033 of the Dodd-Frank Act (the “Final Rule” or the “Open Banking Rule”), granting consumers greater access rights to the data their financial institutions hold. Although there are some differences, the Final Rule largely tracks the Proposed Rule announced…
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…
CFPB Issues New Rule for Recognizing Open Banking Standards
The Consumer Financial Protection Bureau (CFPB) has launched the process for independent standard-setting bodies to receive formal recognition, as part of its efforts to shift towards open banking in the United States.
On June 5, 2024, the CFPB finalized a rule outlining the minimum attributes that standard-setting bodies must exhibit to issue standards in compliance…
FTC Probes Reddit Proposal to License User Content for AI Training
In a regulatory filing, Reddit announced that the FTC is probing Reddit’s proposal to sell, license and share user-generated content with third parties to train artificial intelligence (AI) models. This move underscores the growing scrutiny over how online platforms harness the vast amounts of data they collect, particularly in the context of AI development. …
43 AGs Urge FTC to Update Child Online Privacy Rules
On March 7, 2024, a bipartisan coalition of 43 state attorneys general sent to the Federal Trade Commission (“FTC”) a letter urging the FTC to update the regulations (“COPPA Rules”) implementing the Children’s Online Privacy Protection Act (“COPPA”).
Through regulations known as the “COPPA Rule,” state attorneys general are authorized to bring actions as parens…