Demand letters and copycat lawsuits are piling up on the desks of in-house counsel and business owners around the country, all making the same claim: that an ordinary website is secretly running an illegal wiretap. We’ve watched California Invasion of Privacy Act (CIPA) claims climb sharply over the past several months. The playbook is easy
Retailers. Banks. Healthcare systems. E-commerce platforms. Across industries, live chat, session replay software, and website analytics have become standard tools for customer engagement. These technologies help businesses respond to consumer inquiries in real time, improve website functionality, reduce cart abandonment, train customer service teams, and resolve disputes.
For companies operating nationally, the landscape is shifting
In 2026, a wide range of California laws regulating the development, marketing, and use of artificial intelligence (AI) go into effect. Together, these bills impose new requirements on generative AI developers, frontier-model companies, healthcare-related AI tools, platforms distributing AI-generated content, and businesses that rely on algorithmic pricing. With the deadline to comply coming up quickly
With the U.S. Department of Justice’s Data Security Program (DSP) now in full effect, companies that handle sensitive personal data, operate across borders, or rely on global vendor ecosystems face an increasingly complex compliance environment. The DSP restricts certain data transactions involving individuals and countries of concern, imposes new
If you run an ecommerce brand or handle marketing compliance, you’ve probably heard about Texas Senate Bill 140 (SB 140) and its potential impact on text message marketing. Earlier this month, a group of plaintiffs, including an industry association and two e-commerce companies, asked a federal court in Austin to block the state from enforcing
As FTC Chair Andrew Ferguson establishes his enforcement priorities, his positions on data categorization and surveillance pricing reveal a consistent philosophy that balances privacy protection with innovation. This is the third post in our series on what to expect from the FTC under Ferguson as chair.
Our previous posts examined Ferguson’s broad regulatory philosophy of
While Andrew Ferguson advocates for a restrained regulatory approach at the FTC, his statements and voting record reveal clear priority areas where businesses can expect continued vigorous enforcement. Two areas stand out in particular: children’s privacy and location data. This is the second post in our series on what to expect from the FTC under
The landscape of prior express written consent under the Telephone Consumer Protection Act (TCPA) has undergone a significant shift over the past 13 months. In a December 2023 order, the Federal Communications Commission (FCC) introduced two key consent requirements to alter the TCPA, with these changes set to take effect on January 27, 2025. First
The final text of the amended Negative Option Rule, featuring the new “Click to Cancel” program, goes into effect this week on Wednesday, January 15, 2025, and should become enforceable approximately four months later on Wednesday, May 14, 2025. The FTC believes that this rule will help the FTC get money back
Today, encountering a cookie banner is a common experience for most individuals who peruse the internet. These banners inform website users of the presence of cookies or other tracking technologies through language such as, “This website uses cookies. By clicking ‘accept,’ you consent to the use of all cookies.” Many states require companies to provide
In Part I, we discussed the European Commission’s (“Commission”) disapproval of Meta’s “pay or consent” subscription model. In Part II, we delve into the European Commission’s findings, prior findings by the European Data Protection Board (EDPB), and how those findings may affect future models where privacy is considered “for sale.”