One decision, two far-reaching effects. This aptly describes the Supreme Court’s Jan. 21, 2020, decision to deny Facebook’s petition for certiorari in Patel v. Facebook. The Supreme Court’s denial spelled an end to Facebook’s nearly five-year quest to dismiss this case, which began in August 2015 when three Facebook users filed a consolidated putative class action alleging that … Continue Reading
The California Consumer Privacy Act (“CCPA”) takes effect on January 1, 2020. The CCPA aims to provide consumers with an unprecedented array of rights concerning the control of their personal information and, correspondingly, imposes an unprecedented array of obligations upon businesses concerning consumers’ personal information. These obligations are not without limitation, however; the CCPA strives … Continue Reading
On Sept. 11, 2019, the California State Senate approved the Consumer Call Protection Act of 2019, SB-208. The measure seeks to protect consumers from fraudulent robocalls and enact into law provisions that, despite strong support from Federal Communications Commission (FCC) Chairman Ajit Pai, have not been enacted on the federal level.[1] The bill empowers the … Continue Reading
AB-602, passed by the California State Senate on September 12, 2019, will, if approved by the governor, create a private right of action against persons who create or disclose another’s sexually explicit content through use of “deepfake” technology. Specifically, the cause of action may be brought against a person who creates and intentionally discloses sexually … Continue Reading
Seeking to increase transparency and, consequently, fairness in the marketplace/marketplace seller commercial relationship, the California State Senate approved AB-1790 Marketplaces: marketplace seller on Sept. 12, 2019. AB-1790 aims to achieve this transparency by imposing certain obligations on a marketplace. These obligations will in turn provide a marketplace seller with more insight into the terms and … Continue Reading
In what appears to be yearly tradition, the California State Senate has again amended its Data Breach Notification Law. [Civ. Code § 1798.29.] On Sept. 11, 2019, the California State Senate voted in favor of AB-1130 Personal information: data breaches, which expands the existing definition of “personal information” under California’s Data Breach Notification Law. Assuming … Continue Reading