In this post: (1) Website tracking litigation risk remains as SB 690 is designated “two-year bill”; (2) Second Circuit reinforces narrower interpretation of PII to “shut the door for Pixel-based VPPA claims”; (3) Courts require individualized harm to establish standing; (4) Dismissals increase where plaintiffs fail to provide detailed allegations; and (5) Courts split on whether commercial intent can defeat application of “crime-tort exception” under federal ECPA.
Keypoint: Connecticut once again moves the needle on state privacy laws while at the same time integrating changes from other state laws.
On June 25, Connecticut Governor Lamont signed Senator James Maroney’s SB 1295 into law. The bill makes several notable changes to Connecticut’s existing consumer data privacy law, including modifying its applicability standard, exemptions, definitions, consumer rights, data minimization provisions, and children’s privacy sections. The bill also significantly modifies the law’s approach to profiling that will impact the use of artificial intelligence in some contexts.
In the below post, we provide a summary of the more notable changes. For each of the changes, we also provide the context for the change, including what the change means, its potential consequences, and how it fits into the larger landscape of state data privacy laws.
Keypoint: In this post: (1) Standing may depend on how specific plaintiffs’ complaint is; (2) the 2nd Circuit adopts the 3rd and 9th Circuit’s narrower interpretation of PII under the VPPA; (3) Promises in privacy policies not to share user data can defeat consent defenses; (4) class action waivers in privacy agreements may face enforceability challenges in California; (5) courts closely scrutinize technical specifics in claims involving PHI.
This is our twenty-fourth installment in our data privacy litigation report covering decisions from the previous month. If you have any thoughts on what you’d like to see (either in content or form) from these posts, please don’t hesitate to reach out and let us know.
There are many courts currently handling data privacy cases across the nation. Although illustrative, this update is not intended to be exhaustive. If there is another area of data privacy litigation about which you would like to know more, please reach out. The contents provided below are time-sensitive and subject to change. If you are not already subscribed to our blog, consider doing so to stay updated. If you are interested in tracking developments between blog posts, consider following us on LinkedIn.
Finally, for an overview of current U.S. data privacy litigation trends and issues, click here.
Keypoint: Last week, the Vermont Governor signed the Vermont Age-Appropriate Design Code Act into law.
Below is the twenty third weekly update on the status of proposed state privacy legislation in 2025. As always, the contents provided below are time-sensitive and subject to change.
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Keypoint: Last week, the Connecticut legislature passed an amendment to the state’s consumer data privacy law and bills advanced in Oregon, California, Texas, Nevada, Louisiana, and New York.
Below is the twenty second weekly update on the status of proposed state privacy legislation in 2025. As always, the contents provided below are time-sensitive and subject
Keypoint: Last week, governors in Colorado, Oregon, Nebraska, and Texas signed bills into law while bills advanced in Maine, Oregon, Vermont, and Texas.
Below is the twenty first weekly update on the status of proposed state privacy legislation in 2025. As always, the contents provided below are time-sensitive and subject to change.
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Keypoint: Last week, Oregon and New Jersey advanced bills to amend their state’s consumer data privacy laws, California committees advanced several bills, Nebraska enacted a social media law, and Texas advanced several social media bills.
Below is the twentieth weekly update on the status of proposed state privacy legislation in 2025. As always, the contents
Keypoint: Last week, Oregon’s legislature passed a bill to amend the state’s consumer data privacy law, the Connecticut Senate passed two bills, and there were developments with bills in New Jersey, Nebraska, Texas, Massachusetts, and Louisiana.
Below is the nineteenth weekly update on the status of proposed state privacy legislation in 2025. As always, the
Keypoint: Last week, the Colorado legislature passed an amendment to the state’s data privacy law, the Texas legislature passed a bill regulating app stores, and there were developments with bills in Connecticut, Maine, New York and South Carolina.
Below is the eighteenth weekly update on the status of proposed state privacy legislation in 2025. As