Tag Archives: California

California’s New “Eraser Button” Law Allows Regretful Teens to Remove Embarrassing Internet Postings

Photo of BakerHostetlerBy BakerHostetler on Posted in Children’s Privacy, Online Privacy
Authored by: Charles K. Shih California became the first state to sign into law a bill that requires websites and apps to provide an “eraser button” to its users under the age of 18.  The law, S.B. 568 signed by California Governor Jerry Brown, has two main elements.  First, it requires Internet companies to provide … Continue Reading

Delta’s Mobile Application’s “Wings Clipped”

By briankarp on Posted in Mobile Privacy
A powerful reminder to the business community that it must take mobile application (“App”) privacy seriously was provided by California Attorney General Kamala D. Harris in the form a complaint filed against Delta Airlines, Inc. (“Delta”) last Thursday. Attorney General Harris announced first ever legal action taken under the California Online Privacy Protection Act (“CalOPPA”), … Continue Reading

California AG Puts Companies on Notice About App Privacy Non-compliance

By William Weber on Posted in Mobile Privacy
On October 30, California Attorney General Kamala Harris announced that her office is notifying up to 100 companies and mobile application developers that they are not in compliance with the state’s Online Privacy Protection Act (“CalOPPA”). According to Harris’ sample letter, the problem is that the offending apps downloadable through the Apple App Store and … Continue Reading

Call Centers Increasingly Targeted in Class Action Lawsuits for Statutory Penalties Under Decades-Old California Law

Photo of Gerald J. FergusonBy Gerald J. Ferguson on Posted in Privacy Class Actions, Privacy Litigation
Authored by: Paul Karlsgodt Editor’s Note – This article is a joint submission to BakerHostetler’s Class Action Lawsuit Defense blog. Companies that provide call center services to consumers are increasingly being targeted in class action lawsuits under an arcane section of the California penal code that provides a civil right of action and statutory damages … Continue Reading

California Attorney General Settlement on App Privacy Practices

By briankarp on Posted in Mobile Privacy, Online Privacy
The Attorney General of California (“AG”) released a Joint Statement of Principles (“Joint Statement“) among itself and Amazon.com Inc., Apple Inc., Google Inc., Hewlett-Packard Company, Research In Motion Limited and other companies (collectively the “Mobile App Market Companies”) describing the terms of a settlement relating to the AG’s review of mobile application marketplace privacy protections. The … Continue Reading

California Strengthens Breach Notification Requirements

Photo of Lynn SessionsBy Lynn Sessions on Posted in Breach Notification
This week California Governor Jerry Brown signed into law a new California data breach statute that strengthens notification requirements for residents of California. California currently has some of the most prolific and detailed consumer protection oriented laws impacting privacy and breach protection in the country. The current law requires that any entity that owns or … Continue Reading

Personal Information is Not Property Under California Unfair Competition Law

Photo of Craig A. HoffmanBy Craig A. Hoffman on Posted in Online Privacy
On May 12, 2011, a California federal court dismissed substantive claims in a class action privacy lawsuit against Facebook.  The plaintiffs alleged eight causes of action under federal and state law, claiming that Facebook shared users’ personal information with advertisers without the users’ consent.  Although the judge found that the plaintiffs had standing to bring … Continue Reading

California Social Networking Privacy Act Stalls

Photo of Craig A. HoffmanBy Craig A. Hoffman on Posted in Online Privacy
California SB 242 (Social Networking Privacy Act), which we covered here, would require social networking websites to design default privacy settings that prevent information about a user from being displayed without affirmative consent from the user.  On May 27, 2011, the bill failed to receive enough votes to pass the California Senate.      The bill faced … Continue Reading

California Retailers Who Collect Zip Codes In Credit Card Transactions May Now Face Class Action Lawsuits

Photo of Craig A. HoffmanBy Craig A. Hoffman on Posted in Information Security, Payment Card Industry
On February 10, 2011, the California Supreme Court issued a decision in Pineda v. Williams-Sonoma (.pdf), finding that a ZIP code constitutes “personal identification information” under California’s Song-Beverly Credit Card Act of 1971 (the “Song-Beverly Act”).  The Song-Beverly Act prohibits retailers from requesting and recording “personal identification information” as a condition of a credit card transaction.  … Continue Reading
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