Many commercial websites have adopted the use of “session-replay” technology, by which embedded code on a website records the visitor’s communications within that website, including their mouse movements, clicks, keystrokes, and pages visited. Businesses can then use this information in deciding how and whether to tweak their websites, and gain other consumer data. In Popa v. […]
Category Archives: Privacy
For a list of specific questions and the address to submit comments, go here. Comments are due by August 28.
Data brokers are largely unregulated by federal law, despite efforts to fix that. According to Senator Wyden, the shooter obtained the legislators’ home addresses from data brokers. This is an area overripe for legislation. I hope no one else dies because of Congress’s failure.
As we await agency reversals on pro-consumer positions, a decision today from the Eleventh Circuit reminds us that many pro-consumer rules may be eliminated without the Administration doing anything. In 2023, the FCC issued a rule defining the term “prior express consent” as used in the TCPA, and providing that a consumer’s consent to a […]
The Consumer Financial Protection Bureau has released a report examining federal and state-level privacy protections for consumers’ financial data. The report notes that protections under federal regulations for financial data have limits. Yet, many new state data privacy protections exempt financial institutions and consumer financial data covered by federal law, even though states generally have […]
Enacted in 1988, the Video Privacy Protection Act (VPPA) makes it unlawful for a “video tape service provider” to “knowingly disclose[], to any person, personally identifiable information concerning any consumer of such provider.” The statute further defines “consumer” as “any renter, purchaser, or subscriber of goods or services from a video tape service provider.” The […]
FTC Sends Nearly $1.9 Million in Refunds to Customers Harmed by Hey Dude’s Violations of the Mail Order Rule (8/6) FTC Action Leads to Permanent Bans for Scammers Behind Sprawling Credit Repair Pyramid Scheme (8/5) FTC Investigation Leads to Lawsuit Against TikTok and ByteDance for Flagrantly Violating Children’s Privacy Law (8/2) FTC Submits Comment to […]
Lior Strahilevitz of Chicago and Lisa Yao Liu of the Columbia Business School have written Cash Substitution and Deferred Consumption as Data Breach Harms. Here’s the abstract: Federal courts have long been divided over whether consumers whose data are breached suffer an “injury in fact” that gives them standing to sue under Article III of the […]
Daniel J. Solove of George Washington Woodrow Hartzog of Boston University and the Stanford Law School Center for Internet and Society have posted on SSRN a chapter from their book, Breached! Why Data Security Law Fails and How to Improve It. The chapter is titled The Failure of Data Security Law. Here’s the abstract: In […]
The Ninth Circuit Court of Appeals last week granted en banc review in a case called Briskin v. Shopify, to consider whether a state may exercise specific personal jurisdiction over a defendant that unlawfully uses its nationally accessible web platform to extract data from in-state consumers. As reporter Alison Frankel of Reuters wrote, “The court’s […]