Technology

Subscribe to Technology via RSS

For this Cyber Monday, we are looking at one of the hot topics in data-privacy and cybersecurity litigation: the Video Privacy Protection Act. Recent years have seen an uptick in lawsuits asserting violations of the VPPA by companies that host video content on websites or mobile apps and then share information about the individuals who watched those videos with other businesses. While the companies have experienced some success in getting VPPA claims dismissed, the Second Circuit recently reinstated a putative class action asserting VPPA violations against the NBA that may breathe new life into VPPA claims. Salazar v. National Basketball Association, No. 23-1147 (2d Cir. Oct. 15, 2024). But is the worry about VPPA class actions overblown?Continue Reading Video Privacy Protection Act Claims – Maybe Not a Slam Dunk After All

With the rise in remote work, not to mention better technology, many employers have begun using apps and other services to monitor employees’ activities to track, assess, and evaluate workers. The Consumer Financial Protection Bureau (CFPB) recently issued a Circular stating that employers’ use of the reports generated by those apps and services may be subject to the Fair Credit Reporting Action (FCRA) just like a traditional employee background check.Continue Reading Whatcha Watching? The CFPB’s Recent Guidance on Employer Monitoring

By now, you have probably heard about the Federal Trade Commission’s new “click to cancel” rule, which requires sellers to provide a simple mechanism to cancel a negative-option feature (essentially any recurring or automatically renewing subscription). If you haven’t, you can check out our previous post here. But “click to cancel” is just one facet of the FTC’s broader “Rule Concerning Subscriptions and Other Negative Options.” There are three other aspects to the new negative-option rule. Continue Reading Beyond “Click to Cancel:” What Else Is Included in the FTC’s New Negative-Option Rule

On Oct. 16, the Federal Trade Commission announced its final “click to cancel” rule. The rule is part of the FTC’s broader “Rule Concerning Subscriptions and Other Negative Options.” Notably, the click-to-cancel provision is not as straightforward as its moniker suggests. Here are four questions delving deeper into that portion of the rule. We will follow up with a separate post that looks at other aspects of the new rule.Continue Reading Not as Simple as Clicking Your Mouse: A Look at the FTC’s “Click to Cancel” Rule

Over the past year, there have been a growing number of lawsuits, including class actions, filed against website operators in various states — including California, Florida, Illinois, and Pennsylvania — for violations of state wiretapping laws or the Video Privacy Protection Act of 1988 (VPPA).

At a high level, these wiretapping lawsuits claim that the website intercepts website user and visitor information via session replay technology and other tracking technology in violation of certain state wiretapping laws. The states in which…

Continue Reading Increasing Litigation Related to Website Technology and Data Sharing