United States: Data Protection

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Privacy law and privacy regulation thought leadership, articles, podcasts, videos and webinars from expert sources across the legal world. Explore insights covering topics including GDPR, data protection, data privacy, and privacy protection.
Article
FTC Announces Proposed Enforcement Policy Statement Regarding ​“Personalized Pricing,” Signals Potential Scrutiny Of The Use Of Consumer Personal Information In Pricing
The FTC has issued a proposed enforcement policy statement targeting personalized pricing practices, signaling heightened scrutiny of how businesses disclose and implement dynamic pricing strategies. While acknowledging it lacks authority to ban personalized pricing outright, the agency previews aggressive enforcement of practices that may violate Section 5 of the FTC Act through deception or unfairness.
United States Consumer
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Kelley Drye & Warren LLP
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CIPA In The Digital Age: What Businesses Need To Know About The Variety Media Appeal
This content presents information about cookie usage and data privacy practices, explaining how cookies operate on the website and detailing user options for managing cookie preferences. It outlines the categories of cookies employed, their purposes, and references comprehensive privacy documentation for users seeking detailed information about data handling practices.
United States Privacy
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Wilson Elser Moskowitz Edelman & Dicker LLP
Article
TRACKED AND TRACED?: C.D. Cal. Lets CIPA Claims Against Wayfair Move Forward, But Tosses Pen Register Claim
A California federal court allows CIPA wiretapping claims against Wayfair to proceed based on allegations that third-party tracking tools intercepted user communications before reaching the company's servers. The decision examines whether website tracking technology constitutes illegal interception under California's decades-old privacy statute and whether trap-and-trace device prohibitions apply to modern analytics tools.
United States Litigation
Troutman Amin LLP
Article
Judgment Day On The Jobsite: Accounting For AI In Construction — From Contract To The Field
As artificial intelligence moves from contract documents onto construction sites, questions of liability, data privacy, and professional responsibility are becoming increasingly urgent. From autonomous equipment and biometric monitoring to AI-driven project administration, the construction industry faces a new frontier of legal risk that existing frameworks may not adequately address.
United States Real Estate
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Stites & Harbison PLLC
Article
THREE-PART WIN: Defendant The Joint Corp. Wins Motions To Dismiss Based On Standing, Failure To State A Claim, And Punitive Damages
A California federal court granted three motions to dismiss in a privacy case involving alleged unauthorized disclosure of personal information collected through a chiropractic appointment booking website. The court addressed critical questions about standing requirements, the applicability of federal wiretap laws, and whether California's Invasion of Privacy Act extends to internet communications.
United States Privacy
Troutman Amin LLP
Article
JUSTICE IS SERVED: Vivek Shah Declared A Vexatious Litigant!
A federal judge in Los Angeles has declared Vivek Shah a vexatious litigant after he filed 29 lawsuits in under five years, with seven nearly identical California Invasion of Privacy Act complaints in just seven months. The ruling examines the pattern of Shah filing cases and then abandoning them before judicial rulings, raising questions about whether this represents legitimate litigation or a strategy to extract quick settlements without testing claims in court.
United States Litigation
Troutman Amin LLP
Article
AI Reporter – August 2026
This comprehensive AI Reporter from Benesch's AI Commission examines the rapidly evolving landscape of artificial intelligence litigation, regulation, and business deployment. From intellectual property disputes involving major studios and AI music generators to state-level regulatory frameworks addressing data centers, employment practices, and consumer protection, the newsletter explores how courts, legislators, and policymakers are responding to AI's transformative impact.
United States IP
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Benesch Friedlander Coplan & Aronoff LLP
Article
BONKED: Jeweler Successfully Dismisses CIPA Suit For Lack Of Article III Standing
A California court dismissed a CIPA lawsuit against jewelry retailer Maison Miru, ruling that the plaintiff failed to demonstrate concrete harm from website tracking pixels. The decision hinges on whether mere data collection through social media trackers constitutes a privacy invasion without evidence of sensitive information disclosure or tracking over significant time periods.
United States Privacy
Troutman Amin LLP
Article
The Power Of Clicking Continue: Northern District Of California Enforces Arbitration Agreement On Property Listing Website Redfin.
The Northern District of California recently examined whether a property listing website's arbitration agreement was enforceable when a user claimed inadequate notice of the terms. The court analyzed the conspicuousness of Redfin's arbitration clause and the evidence proving user consent, ultimately determining whether clicking "Continue" on a website constitutes binding agreement to arbitrate disputes.
United States Litigation
Troutman Amin LLP
Article
Court Finds Physical Manifestations Of Purely Mental And Emotional Injuries Do Not Constitute ‘Bodily Injury’
A federal court in Pennsylvania ruled that physical manifestations of emotional distress from a data breach do not constitute bodily injury under a general liability policy. The decision also addressed whether the policy's personal and advertising injury coverage applied when a hacker gained unauthorized access to private photos of female athletes stored in software operated by the insured.
United States Insurance
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Wiley Rein
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