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California Actively Enforcing its Delete Act against Data Brokers
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March 10, 2025
California Actively Enforcing its Delete Act against Data Brokers
By: Nicole Kardell
If you are a data broker and you are not registered in California, you may face sanctions, including fines and possible shut down of operations. The California Privacy Protection Agency is actively enforcing the state’s Delete Act, legislation that was enacted in 2023. The Delete Act requires entities that qualify as data brokers under the law to register annually with the CPPA and pay the associated fee. In October 2024, the CPPA announced that it would start a sweep to investigate and penalize data brokers that failed to comply. Making good on its promise, the agency recently released a statement that it settled with a data broker, Background Alert, Inc., for failing to register. The settlement requires the company to…
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FTC Cracking Down On Online Censorship
February 27, 2025
FTC Cracking Down On Online Censorship
By: Steven Eichorn
The Federal Trade Commission (FTC) has recently launched a public outreach effort to obtain information from the public regarding how they are treated by technology platforms. As explained by the FTC, they are seeking to “understand how technology platforms deny or degrade users’ access to services based on the content of their speech or affiliation, and how this conduct may have violated the law.” This…
Pause Play? CFPB Gaming-Related Rules on Hold
February 12, 2025
Pause Play? CFPB Gaming-Related Rules on Hold
By: Michelle Cohen
Newly installed Consumer Financial Protection Bureau (“CFPB”) Director Russell Vought directed agency staff to stop work on agency matters and stay home. The future of many of the CFPB-led initiatives looks bleak, including a recent interpretive rule proposal that would treat video game publishers like payment processors. Background Congress created the CFPB, an independent federal agency, in 2011 in response to the financial crisis of…
CFTC Wins Suit Against DAO, With Potential Broad Implications for DAO Ecosystem
June 26, 2023
CFTC Wins Suit Against DAO, With Potential Broad Implications for DAO Ecosystem
By: Jake Gray
The Commodities Futures Trading Commission (“CFTC”) has only brought one lawsuit against a Decentralized Autonomous Organization, or a DAO, which was recently decided in federal court. The case involved a decentralized finance trading protocol “that had transformed into a decentralized autonomous organization, a DAO, offering leveraged and margined retail commodity transactions to the public,” according to CFTC Chairman Rostin Behnam.[1] On June 8th, 2023, U.S….
INFORM Consumers Act – Is Your Company Ready for June 27 Compliance?
June 23, 2023
INFORM Consumers Act – Is Your Company Ready for June 27 Compliance?
By: Michelle Cohen
On June 27, 2023, the Integrity, Notification, and Fairness in Online Retail Marketplaces for Consumers Act (the “INFORM Consumers Act”, or “Act”) becomes effective, imposing new obligations on online marketplaces like Amazon, eBay, and Etsy. Specifically, the INFORM Consumers Act requires online marketplaces to verify and disclose high-volume third-party sellers’ identities. Congress enacted the law in December 2022 to protect consumers from counterfeit, unsafe, and…
Liar, Liar Robot on Fire – Can You Seek Legal Relief if a Chatbot Defames You?
May 22, 2023
Liar, Liar Robot on Fire – Can You Seek Legal Relief if a Chatbot Defames You?
By: Abbey Block
When another person publishes a lie about you that causes harm to your reputation, you can seek relief by filing a defamation lawsuit. But what sort of relief is available when the person making the defamatory statement isn’t a person at all – but instead is a robot? The world may soon find out. In early April, Reuters reported that a regional Australian Mayor, Brian…
Appeals Court Tells Elon Musk –A Deal Is A Deal: SEC Consent Decree Sticks
May 18, 2023
Appeals Court Tells Elon Musk –A Deal Is A Deal: SEC Consent Decree Sticks
By: Michelle Cohen
When faced with federal agency enforcement actions, companies frequently enter into consent decrees with the government to avoid the time, expense, and uncertainties of litigation. Consent decrees often involve the payment of settlement monies. They can also include lengthy commitments in furtherance of compliance, such as annual reporting and officer certifications. Consent decrees may also restrict certain practices, even over decades. Once a “deal” is…
For the Children!: Children’s Online Safety Becomes Focus of State and Federal Law
May 15, 2023
For the Children!: Children’s Online Safety Becomes Focus of State and Federal Law
By: Nicole Kardell
Have you seen the latest craze in babysitting? If you are ever out in public, you have. Think of the last time you were at a restaurant, stoplight, or airport, and noticed a child, aged between tot and tween, fixated on his or her device. That’s the craze: the cheapest, most available babysitting option these days is a device that can entertain children for hours,…