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The Colorado Legislature recently passed the Colorado Privacy Act (“ColoPA”), joining Virginia and California as states with comprehensive privacy legislation. Colorado Governor Jared Polis signed the bill (SB 21-190) into law on July 7, and ColoPA will go into effect on July 1, 2023.

How does the measure stack up against the VCDPA and the CCPA (as amended by CPRA)? The good news is that, in broad terms, ColoPA generally does not impose significant new requirements that aren’t addressed under the CCPA or VCDPA, but there are a few distinctions to note..
Continue Reading Privacy Law Update: Colorado Privacy Bill Becomes Law: How Does it Stack Up Against California and Virginia?

Update: Governor Polis signed SB 21-190 into law on July 7, 2021, see our updated blog post here.

The Colorado Legislature recently passed the Colorado Privacy Act (“ColoPA”), joining Virginia and California as states with comprehensive privacy legislation. Assuming Colorado Governor Jared Polis signs the bill (SB 21-190) into law, ColoPA will

The Florida legislature recently passed CS/SB 1120 updating and significantly expanding the state’s existing telemarketing laws, the Florida Telemarketing Act and the Florida Do Not Call Act. Many of the new provisions are similar to the TCPA, including, most importantly, adding a private cause of action for any violations of the Florida Do Not Call Act and requiring prior express written consent for automated or prerecorded calls or texts. If the bill becomes law, it will go into effect on July 1, 2021.

Under the existing Florida Do Not Call Act, callers are prohibited from making telephonic sales calls using “an automated system for the selection or dialing of telephone numbers” unless (i) the call is in response to a consumer-initiated call, (ii) the numbers are unlisted or have been scrubbed against the state Do Not Call list, or (iii) the calls relate to goods or services previously ordered or purchased. This Act does not include exemptions from the definition of “telephonic sales calls.” The Florida Telemarketing Act determines licensure, call timing, identification, and recordkeeping requirements, among others, and includes a number of exemptions.
Continue Reading Florida Takes Page Out of TCPA’s Book with New Legislation

With Earth Day in April, it’s not a surprise that sustainability claims in the clothing industry have been in the limelight this spring. Actions in both the U.S. and overseas are a reminder to fashion retailers of the importance of substantiating sustainability claims.

Recently lobbying group PoliticallyInFashion partnered with 40 organizations and individuals to submit

Smart (CA) TVs Are Listening: California Assembly Passes Voice Recognition Device Bill Headed to Senate

The California Assembly recently passed AB-1262 updating an existing law to further limit the use of personal information collected through connected TVs and smart speaker devices. Specifically, the bill prohibits:

  • Operating a voice recognition feature of a connected TV or

The California Consumer Privacy Act (CCPA) right to non-discrimination explainedThe California Attorney General’s office announced a fourth set of proposed modifications to the CCPA regulations. These modifications: (1) clarify the requirement for businesses that sell personal information that is collected offline to provide offline opt-out notices; and (2) propose an opt-out button for businesses to feature online along with opt-out notices and the “Do

Seven months after being called upon by members of Congress to investigate Zoom’s data security practices, a divided FTC announced on November 9 a settlement with the videoconferencing platform.

The FTC’s five-count administrative complaint alleges that Zoom deceived users about several of its security features and harmed users by circumventing security and privacy controls provided

Now that Joe Biden has been declared the winner of this year’s presidential election, many practitioners are beginning to turn their focus to how a Biden Administration will reshape federal agencies. This post takes a look at changes that may be in store for the FTC.

For much of the past few years, the

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