Businesses continue to be subjected to a steady stream of consumer class action lawsuits alleging improper collection or disclosure of information from their websites. A variety of laws and legal claims are used to support the suits. Some lawsuits assert violation of laws that are not particularly cutting edge, such as the Video Privacy Protection Act, or cite to non-disclosed use of more modern technology such as tracking pixels. In many of the lawsuits, both types of claims are asserted.  

In an opinion filed on Friday, California’s Third District Court of Appeal reversed a lower court ruling that postponed until the end of March the enforcement of regulations promulgated pursuant to the California Privacy Rights Act.

Over the past few years, states have launched various legislative expansion efforts to enhance the protection of children on social media and generally online. For example, this summer, Texas Gov. Greg Abbott (R) signed into law the Securing Children Online through Parental Empowerment Act (SCOPE Act), which goes into effect September 2024. By doing so, Texas joins a multitude of other states that have passed similar legislation, including Arkansas, California, Connecticut, Minnesota, Ohio, and Utah. In part one of this two-part series, we discuss the child data protection laws in Texas, California, and Ohio.

On Friday, the Sacramento Superior Court issued a ruling delaying the enforcement of recently enacted California Privacy Rights Act regulations until March 2024. The CPRA, which amended the California Consumer Privacy Act, directs the California Privacy Protection Agency to promulgate regulations that further explain and detail the requirements of the CPRA. The agency was supposed to issue regulations by July 1, 2022, with an enforcement date of July 1, 2023. However, the agency did not issue those regulations until March 24, 2023.

Proposed regulations have been submitted for review.

On February 3, the Board of the California Privacy Protection Agency held its latest public meeting, focused on the anticipated regulations interpreting the California Consumer Privacy Act, as now amended by the California Privacy Rights Act.