On February 17, 2023, the Supreme Court of Illinois ruled in Cothron v. White Castle that a separate claim accrues under Illinois’s Biometric Information Privacy Act (“BIPA”) each time biometric information is unlawfully collected or...

On August 11, 2022, the Federal Trade Commission (“FTC”) issued an Advance Notice of Proposed Rulemaking (“ANPR”) seeking public comment regarding the collection, aggregation, analysis, retention, transfer, or monetization of consumer data, which the FTC calls “commercial surveillance,”...

The Federal Trade Commission (“FTC”) settled charges with WW International, Inc. (formerly known as Weight Watchers) and its subsidiary Kurbo, Inc. that the companies collected personal information – including sensitive health information – from children...

Litigation under Illinois’ Biometric Information Privacy Act (BIPA) has churned steadily since the beginning of this year. Below is an overview of emerging trends and significant decisions that may signal the direction of BIPA litigation...

The Federal Trade Commission (“FTC” ) recently settled claims against Everalbum, Inc. (“Everalbum”) alleging that the photo storage app deceived consumers about both its use of facial recognition technology and its data retention practices.  Everalbum represented in...

In early January, legislators in New York and South Carolina introduced biometric privacy bills that would restrict private entities’ use of biometric information and, of particular note, provide consumers with a private right of action....

In a recent opinion, an Illinois federal judge determined that a user’s biometric privacy claims must be arbitrated according to Shutterfly’s 2015 arbitration clause, despite the fact that plaintiff never assented to any version of the...

Washington state may be leading the charge on privacy legislation in 2020. The state legislature introduced several privacy bills during the first week of its 2020 legislative session, including an updated version of the Washington...

Arkansas has updated its breach notification law to expand the definition of “personal information” and to require notifying the Arkansas Attorney General when a breach involves more than 1,000 individuals’ personal information. On April 15, 2019, Governor...

Law enforcement agencies are increasingly requesting that courts allow them to compel suspects to unlock electronic devices with their biometrics. As of yet, though, courts confronted with the question have come up with no unified answer...