On Tuesday, November 3, 2020, California voters passed ballot Proposition 24, the California Privacy Rights Act of 2020 (“CPRA”). Also known as CCPA 2.0, CPRA brings a number of changes to the CCPA, the majority of which will become operative on January 1, 2023. In addition to revising some of the definitions that are fundamental
CCPA Litigation Update: How the CCPA (and other Privacy Risks) Raise the Risk of Potential Shareholder Claims
California became the first U.S. state with a comprehensive consumer privacy law when the California Consumer Privacy Act (“CCPA”) became operative on January 1, 2020. The CCPA provides for broad privacy rights for residents of California and imposes data protection obligations on companies doing business in California that meet certain criteria. For further background on
TCPA Tracker – October 2020
The October issue of Kelley Drye’s TCPA Tracker newsletter is here:
TCPA (Telephone Consumer Protection Act) Tracker Newsletter is a cross-practice effort produced to help you stay current on TCPA (and related) matters, case developments and provide an updated comprehensive summary of TCPA petitions pending before the FCC.
Recent News
California AG Proposes Changes to CCPA Regulations
Only two months after finalizing the CCPA regulations, the California Attorney General’s office today released a new set of proposed changes, most significantly addressing “Do Not Sell My Personal Information” requests. The office has also recommended changes to the regulations related to providing notice when businesses collect personal information offline, proof required when an
California Privacy Legislation Round-Up: Gov. Newsom Signs CCPA Employee Exemption Extension, Vetoes Others
Prior to the September 30 deadline to sign or veto legislation, California Governor Gavin Newsom recently took action on three bills related to data privacy. Bringing some potential certainty to the dynamic CCPA landscape, Governor Newsom signed into law AB 1281, which provides for the extension of the CCPA’s exemptions related to employee data
Filling in the Holes: Dunkin Settles Breach Allegations with NYAG
On Tuesday, the New York Attorney General Letitia James announced a settlement with Dunkin’ Brands, Inc. over allegations that the company failed to adequately respond to years of cyberattacks that compromised customers’ online accounts.
According to the lawsuit, Dunkin’ customers with “DD Perks” accounts were first targeted in early 2015 in a series of “credential
CCPA Update: California Legislature Votes to Extend Employee and B2B Exemptions; Awaits Governor’s Signature
On August 30th, the California legislature passed a bill to continue the employee and business-to-business (B2B) exemptions contained in the CCPA for another year. Currently, the CCPA provides two limited exemptions for employee and B2B information, whereby this information is excluded from most CCPA requirements. Both of these exemptions become ineffective January 1, 2021. Assembly
CCPA Privacy Regulations Are Approved and Effective Immediately
The California Office of Administrative Law today approved the CCPA Regulations that the California Attorney General submitted in June, and the regulations are effective immediately. As we discussed here, the now-final regulations, for the most part, substantively match those that the AG released in March, with a few notable changes.
Significantly, the AG
Sixth Circuit Holds That Stored-Number Systems Meet the TCPA’s Definition of an Autodialer, Deepening Circuit Split to be Addressed by the Supreme Court Next Term
It has been more than two years since the D.C. Circuit found the Federal Communications Commission’s (the “FCC”) discussion of predictive dialers and other equipment alleged to be an automatic telephone dialing system (“ATDS,” or “autodialer”) to “offer no meaningful guidance” on the question. In the absence of an FCC ruling on the remand, multiple
Webinar Replay: California Consumer Privacy Act (CCPA) for Procrastinators
The replay for our July 30, 2020 California Consumer Privacy Act (CCPA) for Procrastinators: What You Need To Do Now If You Haven’t Done Anything Yet webinar is available here.
The coronavirus pandemic has put many things on hold, but CCPA enforcement is not one of them. The California Attorney General’s enforcement authority kicked