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2 weeks ago | 
jdsupra.com | Molly Rose Jennings |Ali Jessani |Kirk J. Nahra
[co-author: Ella Jenak]The Telephone Consumer Protection Act is a major source of consumer privacy litigation against companies that engage in telemarketing. This past year, there was little change in the status quo of what constitutes an autodialer under the Act—which this blog has previously noted has long been a focal point of TCPA litigation; though, as we discuss below, this continued to be an active area of litigation under the law.
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1 month ago | 
jdsupra.com | Molly Rose Jennings |Ali Jessani |Kirk J. Nahra
Generative AI continued to be a hot topic for privacy-related litigation in 2024. In the US, companies using and deploying this technology saw themselves subject to lawsuits under various state and federal theories of liability, including state wiretapping and unfair or deceptive acts or practices laws.
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2 months ago | 
jdsupra.com | Molly Rose Jennings |Ali Jessani |Kirk J. Nahra
Illinois’s Biometric Information Privacy Act (BIPA) continues to drive a wave of privacy-related litigation across the United States, though a 2024 amendment to the act—the first since BIPA’s enactment in 2008—may slow the pace of cases in the years ahead. As we explain below, the BIPA amendment drastically limits the potential for large damages awards under the act by redefining the repeated collection or transmission of the same biometric data by the same party as a single BIPA violation.
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2 months ago | 
jdsupra.com | Molly Rose Jennings |Ali Jessani |Kirk J. Nahra
The Video Privacy Protection Act (“VPPA”), a federal statute enacted in 1988, is gaining new relevance in recent years as plaintiffs bring lawsuits with the goal of enforcing online privacy rights. 2024 saw a continuation of this trend. The spike in cases brought under the VPPA has significant consequences for companies that use third-party pixel tracking tools.
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2 months ago | 
mondaq.com | Kirk J. Nahra |Molly Rose Jennings |Ali Jessani
While the California Consumer Privacy Act (CCPA) is most knownfor its extensive privacy compliance obligations, the law alsoprovides for a limited private right of action for certainsecurity-related breaches.
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2 months ago | 
jdsupra.com | Arianna Evers |Ali Jessani |Kirk J. Nahra
On January 13, 2025, the California AG’s Office (“AGO”) issued two legal advisories regarding the application of existing California law to AI generally as well as the use of AI specifically in healthcare.
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2 months ago | 
jdsupra.com | Molly Rose Jennings |Ali Jessani |Kirk J. Nahra
[co-author: Justin Jin]While the California Consumer Privacy Act (CCPA) is most known for its extensive privacy compliance obligations, the law also provides for a limited private right of action for certain security-related breaches.
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2 months ago | 
mondaq.com | Kirk J. Nahra |Arianna Evers |Ali Jessani
On January 8, the Department of Justice (DOJ) published itsfinal Rule implementing Executive Order 14117 (EO),"Preventing Access to Americans' Bulk Sensitive PersonalData and United States Government-Related Data by Countries ofConcern" (the Rule). The Rule establishes a new regulatoryregime to be administered and enforced by the JusticeDepartment's National Security Division.
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Nov 7, 2024 | 
mondaq.com | Kirk J. Nahra |Molly Rose Jennings |Ali Jessani
On October 24, 2024, the Supreme Judicial Court of Massachusetts
issued its highly anticipated decision in Vita v. New England
Baptist Hospital, rejecting a plaintiff's attempt to pin
Wiretap Act liability on two hospitals that used pixel technology
on their websites. This is a major win for companies that have been
on the receiving end of class action lawsuits related to their use
of pixels and other tracking technologies.
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Nov 6, 2024 | 
jdsupra.com | Molly Rose Jennings |Ali Jessani |Kirk J. Nahra
[co-author: Anneke Dunbar-Gronke]On October 24, 2024, the Supreme Judicial Court of Massachusetts issued its highly anticipated decision in Vita v. New England Baptist Hospital, rejecting a plaintiff’s attempt to pin Wiretap Act liability on two hospitals that used pixel technology on their websites. This is a major win for companies that have been on the receiving end of class action lawsuits related to their use of pixels and other tracking technologies.
