Archives: California

Subscribe to California RSS Feed

NJ TCCWNA Claim Thwarted by CA Choice-of-Law Provision

As we have previously written about, 2016 saw a wave of litigation brought under New Jersey’s Truth-in-Consumer Contracting, Warranty, and Notice Act (“TCCWNA”) regarding website Terms of Use.  While service providers await the outcome of many of these cases and direction from New Jersey courts on how the TCCWNA generally applies to online contracts, one California court recently offered … Continue Reading

The Issue of Harm in Lawsuits on Retail Price-Comparison Advertising: Massachusetts Cases to Note

While the swell of class-action lawsuits based on retail price-advertising practices continues to build daily (particularly in California), retailers should note an interesting development from last week in a case out of Massachusetts. In that case, Mulder v. Kohl’s Department Stores, Inc. [FN 1], the plaintiff alleged a number of claims that centered around Kohl’s … Continue Reading

Privacy and Ed-tech in 2016

There was a lot of legislative movement for the educational technology (ed-tech) industry in 2015 with states placing additional privacy regulations on the industry, and the effects of those new acts should be felt this year. The states that passed this type of legislation in 2015 were following California’s lead. California’s governor signed the Student … Continue Reading

Gift-Card Issuers: Mind State Cash-Back Requirements

This past August, Dave & Buster’s, the restaurant-cum-arcade chain, was sued in California state court for allegedly violating the cash-out provision of California’s gift-card law.[FN1] Under California’s law, a gift-card issuer must allow the holder of a card worth less than $10 to redeem it for cash upon request.[FN2] In the suit, plaintiff alleges that … Continue Reading

New State Privacy Regulation for Connected Televisions

California will become the first state in the nation to regulate information gathered by connected television manufactures through the televisions they sell. Assembly Bill No. 1116 (“AB 1116”) was signed into law by California Governor Jerry Brown on October 6, 2015 and will take effect January 1, 2016. There are three major provisions to AB … Continue Reading

Blue Apron and Others Face Spate of Suits under CA Auto-Renewal Law

A purported class action lawsuit was recently filed against meal-delivery service Blue Apron based on its alleged failure to satisfy the requirements of California’s law regulating automatic-renewal provisions in consumer contracts (Cal. Bus. & Prof. Code § 17600 et seq.). The case, C.D. Cal. No. 2:15-cv-05521, was filed in June 2015 and removed to federal … Continue Reading

California Amends Data Breach Notification Law, Does Not Require Mandatory Offering of Credit Monitoring

California Governor Jerry Brown signed into law an amendment to California’s data breach notification law on Monday. Although at least one news outlet has reported that the law requires a company to offer credit monitoring services, this interpretation is misguided. Rather, the law only places restrictions on certain companies if they choose to offer identity … Continue Reading

Say What You Do and Do What You Say: Guidance for Privacy Policies, and for Life

Last Wednesday, California Attorney General Kamala Harris issued much anticipated guidance on public-facing privacy statements – “Making Your Privacy Practices Public” (the “Guidance”). The result of months of discussions with stakeholders, the recommendations are largely common sense.  They are “intended to encourage companies to craft privacy policy statements that address significant data collection and use … Continue Reading

New California Regulation Regarding Minors Is Coming: Are You Ready? Part 2 – The Advertising Provisions

A new California statute, which originated as SB 568 and will be codified as § 22580 et seq. of the Cal. Bus. & Prof. Code, takes effect January 1, 2015.  The law has two key provisions: one addressing online advertising in connection with minors, which this post addresses, and one addressing a minor’s right to delete … Continue Reading

Spoiler Alert: Illinois May No Longer Require Two-Party Consent, but California Still Does

The following blog post was first published on April 22, 2014, in the IAPP Privacy Tracker. Do you watch The Good Wife? The show follows Alicia Florrick, a lawyer in Chicago and the wife of Gov. Peter Florrick. In an episode that aired on March 16, the characters were attending an American Bar Association (ABA) meeting in … Continue Reading

FAQs Concerning the Legal Implications of the Heartbleed Vulnerability

(Contributors to this post include:  Scott Koller, David Navetta, Mark Paulding and Boris Segalis) By now, most of the world is aware of the massive security vulnerability known as Heartbleed (it even comes with a slick logo and its own website  created by the organization that discovered the vulnerability).  According to reports this vulnerability has been … Continue Reading

California AG’s Office Attorney Shares Views on Office’s Privacy and Security Enforcement Priorities; Recent California Privacy and Cybersecurity Laws

On Tuesday, a high ranking attorney in California’s Attorney General’s Office made clear that the office has maintained its laser focus on data privacy and security issues and has been paying close attention to the California legislature’s recent flurry of privacy and security related legislation.  In a wide-ranging TRUSTe webinar, Joanne McNabb, the California AG’s … Continue Reading

Point of Sale Data Collection Litigation – An Overview and Future Directions

California and 14 other states plus the District of Columbia have laws that restrict the collection of personal information at the point of sale when payment is by credit card. Unfortunately for retailers, the scope of prohibited conduct under these laws is not always clear. Complicating matters further, these laws were generally enacted in the … Continue Reading

California Attorney General Files Lawsuit Based on Late Breach Notification

In the first case of its kind (that I am aware of), the California Attorney General’s office filed a complaint against the Kaiser Foundation Health Plan, Inc. (“Kaiser”) alleging a violation of California’s “unfair competition law” (Business and Professions Code sections 17200-17210) arising out of a personal information security breach and delayed notification.  This lawsuit … Continue Reading

Let the Sunshine In: Failure to Post Contact Information on Website Does Not Violate California’s Shine the Light Law

On December 19, 2013, the California Court of Appeal joined several federal courts in holding that a plaintiff lacked standing to sue under California’s Shine the Light law, Civil Code sections 1798.83 and 1798.84 (the “STL”), when he failed to allege that he made, or attempted to make, a disclosure request under the law.  Importantly, the Court … Continue Reading

Governor Brown Ushers in a New Privacy Era in California and Beyond

Late Friday, Governor Jerry Brown of California signed into law the already infamous AB 370 as well as significant amendments to California’s existing breach notification laws via SB 46 and AB 1149.  These laws break new ground in the privacy legal landscape – and it will be interesting to see if other states follow suit, as they … Continue Reading

9th Circuit Plays Video Games in Likeness Infringement Cases: NCAA Vets Earn Right of Publicity Victory; NFL Vets Taste Agony of Lanham Act Defeat

“Because we know when we add up all those inches…that’s the difference between winning and losing”   – Al Pacino, Any Given Sunday Last week, the Ninth Circuit handed down rulings in two cases that have held the interest of sports fans, gamers, and IP lawyers for four years:  In re: NCAA Student-Athlete Name & Likeness … Continue Reading

10 Years After SB 1386, California Attorney General Issues First Ever Report and Recommendations on Data Breaches

As most know, California was the first state in the country, only 10 years ago, to pass the first ever state data security breach notification law, SB 1386, codified at California Civil Code sections 1798.29 and 1798.82.  Last year, SB 24 amended the law, effective January 1, 2012, to require organizations issuing a security breach … Continue Reading

California Supreme Court: Online Sales of Downloadable Products Not Covered by Song-Beverly Credit Card Act

The California Supreme Court ruled this week in a 4-3 decision that an online retailer may request personal information when selling a downloadable product.  See Apple, Inc. v. Superior Court, Case No. S199384 (Cal. Feb. 4, 2013). This decision, interpreting the Song-Beverly Credit Card Act of 1971, Cal. Civ. Code § 1747.08 (the “Credit Card … Continue Reading

California AG Releases Mobile App Guidelines; Industry Responds

Last week, California Attorney General Kamala Harris released a set of recommendations titled “Privacy on the Go” directed toward the mobile app industry that seeks to “educate the industry and promote privacy best practices.”  The guidelines separately address app developers, app platform providers, mobile ad networks, operating system providers, and mobile carriers. A coalition of … Continue Reading

California Attorney General Sues Delta Air Lines for Failing to Have a Mobile App Privacy Policy

Keeping good on her threat from October, the California Attorney General has brought her first lawsuit over a company’s failure to include a privacy policy in its mobile app.  The suit, against Delta Air Lines, alleges a violation of the California Online Privacy Protection Act (“CalOPPA”), which requires operators of online services to make a … Continue Reading

Trick or Treat: California’s AG Notifies Nearly 100 Apps of Need for Privacy Policy

A few weeks ago, many of us took note when California’s Attorney General Kamala Harris used Twitter to note that United Airlines’ new mobile app did not include a privacy policy:  “Fabulous app, @United Airlines, but where is your app’s #privacy policy?” It may have been “just a tweet” at the time, but Harris clearly means … Continue Reading
LexBlog