Aaron Francis

1 month ago | mondaq.com | Aaron Francis |Anna Chan

Amazon faces allegations of unauthorized data collection inviolation of federal and state privacy laws, including afirst-of-its-kind claim underWashington's My Health My Data Act("MHMDA"). The MHMDA restricts businesses from collecting, sharing, orselling any-health related information about a consumer withouttheir consent of "valid authorization", going beyond thetypical protections provided by the Health Insurance PortabilityAccountability Act ("HIPAA").

1 month ago | jdsupra.com | Anna Chan |David Fioccola |Aaron Francis

[co-author: Courtland Cuevas]2024 marked another significant year for privacy law, with new state legislation and high-stakes litigation reshaping the landscape.

1 month ago | jdsupra.com | Anna Chan |Aaron Francis

Amazon faces allegations of unauthorized data collection in violation of federal and state privacy laws, including a first-of-its-kind claim under Washington’s My Health My Data Act (“MHMDA”). The MHMDA restricts businesses from collecting, sharing, or selling any-health related information about a consumer without their consent of “valid authorization”, going beyond the typical protections provided by the Health Insurance Portability Accountability Act (“HIPAA”).

Dec 11, 2024 | jdsupra.com | Aaron Francis |Jeffrey Warshafsky

Key Takeaways: Plaintiffs are persistently crafting creative legal theories to target tracking technologies. One new approach is to characterize tracking technologies as “pen registers” or “trap and trace devices” used in violation of CIPA § 638.51. The TikTok Analytics software is at issue in many of these new claims, and a number have survived motions to dismiss and demurrers. Now Trending: The TikTok DoxAnother TikTok trend has gone viral this year. But it’s not what you think.

Sep 8, 2024 | mondaq.com | Jeffrey Warshafsky |Logan Levy |Aaron Francis

Repurposing old laws to challenge new technologies has become the new normal in the privacy space. Plaintiffs continue to bring a kaleidoscope of privacy claims against companies in the tech age, reviving laws like the California Invasion of Privacy Act of 1994 ("CIPA"), Video Privacy Protection Act ("VPPA"), Telephone Consumer Protection Act ("TCPA"), Pennsylvania Wiretapping and Electronic Surveillance Control Act, and Arizona Telephone, Utility, and Communication Service Records Act.