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California Actively Enforcing its Delete Act against Data Brokers
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March 10, 2025
California Actively Enforcing its Delete Act against Data Brokers
By: Nicole Kardell
If you are a data broker and you are not registered in California, you may face sanctions, including fines and possible shut down of operations. The California Privacy Protection Agency is actively enforcing the state’s Delete Act, legislation that was enacted in 2023. The Delete Act requires entities that qualify as data brokers under the law to register annually with the CPPA and pay the associated fee. In October 2024, the CPPA announced that it would start a sweep to investigate and penalize data brokers that failed to comply. Making good on its promise, the agency recently released a statement that it settled with a data broker, Background Alert, Inc., for failing to register. The settlement requires the company to…
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FTC Cracking Down On Online Censorship
February 27, 2025
FTC Cracking Down On Online Censorship
By: Steven Eichorn
The Federal Trade Commission (FTC) has recently launched a public outreach effort to obtain information from the public regarding how they are treated by technology platforms. As explained by the FTC, they are seeking to “understand how technology platforms deny or degrade users’ access to services based on the content of their speech or affiliation, and how this conduct may have violated the law.” This…
Pause Play? CFPB Gaming-Related Rules on Hold
February 12, 2025
Pause Play? CFPB Gaming-Related Rules on Hold
By: Michelle Cohen
Newly installed Consumer Financial Protection Bureau (“CFPB”) Director Russell Vought directed agency staff to stop work on agency matters and stay home. The future of many of the CFPB-led initiatives looks bleak, including a recent interpretive rule proposal that would treat video game publishers like payment processors. Background Congress created the CFPB, an independent federal agency, in 2011 in response to the financial crisis of…
Artificial Intelligence Poses Threat to Business Data Privacy and Confidential Information
May 10, 2023
Artificial Intelligence Poses Threat to Business Data Privacy and Confidential Information
By: Jake Gray
Over the last year, an abundance of headlines detailing innovations in artificial intelligence (AI) technology have hit the news cycle. Beyond mere technical advancements, many reports have discussed AI’s potential to revolutionize innumerable industries and the workplace, whether for better or worse. The White House is accordingly delving into AI’s role in the workplace, recently announcing that the White House Office of Science and Technology…
A New Paradigm: Claimant Opposition to Mass Tort Bankruptcy and Needed Reform
May 3, 2023
A New Paradigm: Claimant Opposition to Mass Tort Bankruptcy and Needed Reform
By: George Calhoun
Congress enacted Section 524(g) of the Bankruptcy Code in 1994. That statute requires a 75% supermajority of claimants to approve a bankruptcy plan binding on future claimants and containing injunctions protecting the debtor and other third parties. The statute handed veto power to prominent plaintiff law firms. Companies facing mass tort liabilities, primarily asbestos, were forced into Faustian deals with plaintiffs groups in which trusts…
Basic Data Privacy Hygiene and AI: Do What You Say and Say What You Do
April 10, 2023
Basic Data Privacy Hygiene and AI: Do What You Say and Say What You Do
By: Nicole Kardell
Our Privacy Team has been saying this for years –Do What You Say and Say What You Do.[1] It’s an enduring maxim and an important basic step that companies need to embrace in their data collection practices. It also fits in neatly with the concepts of Notice and Consent, which are the hallmarks of almost all data privacy laws. Remarks made recently in a keynote…
Pump The Brakes or Step on the Gas? An Analysis of Emerging AI Regulatory Frameworks
April 6, 2023
Pump The Brakes or Step on the Gas? An Analysis of Emerging AI Regulatory Frameworks
By: Abbey Block
Artificial Intelligence (“AI”) is growing exponentially and has infiltrated nearly every sector of society. Despite the technology’s growth, the US has yet to pass comprehensive federal legislation addressing its use, commercialization, and development. Although several states such as New York, Maryland, and Washington have implemented their own regulations, no such supervisory scheme has been broadly implemented on the federal level. In response to the largely…
A Review of Top-Rated AI Tech Companies Undermines the FTC’s Warning of Deception
March 22, 2023
A Review of Top-Rated AI Tech Companies Undermines the FTC’s Warning of Deception
By: Abbey Block
Artificial intelligence (“AI”) was once thought of as science fiction – something we could only see on a movie screen or read about in a comic book. But in recent years, the technology has become both accessible and popular, proliferating nearly every sector of society. From healthcare to the legal industry, AI technology has been praised for its…