U.S. Department of Transportation Issues Third Round of Guidance on Automated Vehicles
Rapid advances in automation have the potential to disrupt a number of sectors, perhaps none more so than the automobile industry. The U.S. Department of Transportation (DOT) has accordingly announced its intention to take “active steps to prepare for the future by engaging with new technologies to ensure safety without … Read More
First Circuit’s Decision Provides Guidance on Creating Enforceable Website Terms and Conditions
On June 25, the United States Court of Appeals for the First Circuit in Cullinane v. Uber Technologies, Inc., __ F.3d __, 2018 WL 3099388 (1st Cir. 2018), evaluated the enforceability of arbitration provisions in online contracts. The First Circuit found Uber’s arbitration provision, which contained a class action waiver, … Read More
California Enacts Broad Privacy Laws Modeled on GDPR
On June 28, 2018, California Gov. Jerry Brown signed into law the California Consumer Privacy Act of 2018 (AB 375). According to the bill’s author, it was consciously designed to emulate the new European General Data Protection Regulation (GDPR) that went into effect on May 25, and if and when … Read More
California’s GDPR? Sweeping California Privacy Ballot Initiative Could Bring Sea Change to U.S. Privacy Regulation and Enforcement
*UPDATE: The ballot initiative has been replaced by a new California law, AB 375. Please see California Enacts Broad Privacy Protections Modeled on GDPR for more information.
On June 25, 2018, California Secretary of State Alex Padilla announced that a potentially significant privacy initiative is eligible for the Nov. 6 … Read More
D.C. Circuit Strikes Down Some Rules Governing Telephone Consumer Protection Act, Upholds Others
On March 16, 2018, the U.S. Court of Appeals for the D.C. Circuit issued a long-awaited ruling on a challenge to the Federal Communications Commission’s 2015 order that expanded the scope of the Telephone Consumer Protection Act (“TCPA”). In ACA International v. FCC, No. 15-1211, the court invalidated a … Read More
Supreme Court to Ninth Circuit in Spokeo–Get ‘Real’ on Injury
This article originally appeared in the Bloomberg BNA Privacy and Security Law Report on May 23, 2016.
In Spokeo, Inc. v. Robins, decided May 16, the U.S. Supreme Court ruled that plaintiffs who allege violations of statutes that contain a private right of action and statutory damages do not … Read More
The Supreme Court Remands Injury Question In Spokeo Class Action Privacy Claim
On Monday, May 16, the Supreme Court addressed the question of whether an alleged violation of the Fair Credit Reporting Act (FCRA), without allegation of concrete injury, is ever sufficient for Article III standing. The case, Spokeo Inc. v. Robbins, No. 13-1339 (2016), involved a class action against data … Read More