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UPDATE: Prior to the close of the legislative session, the amended AB 83 failed to make it out committee.

With the session ending on August 31st, the California legislature is debating a bill (AB 83) that would expand data security requirements for businesses that maintain personal information of California residents to include, among other things, protection for geolocation and biometric data. Under existing law (Cal. Civ. Code §1798.81.5(b)), a person or business that owns, licenses, or maintains a California resident’s “personal information,” must implement and maintain “reasonable security procedures and practices appropriate to the nature of the information.”   The current law also lists multiple types of covered “personal information.”

In the wake of thousands of parental complaints about unauthorized in-app purchases made by their children, resulting in millions of dollars in disputed charges, the Federal Trade Commission (“FTC”) brought suit against Amazon, Inc. (“Amazon”) in July 2014. The FTC sought a court order requiring refunds to consumers for unauthorized…

As we have previously written about, there are several ongoing biometric privacy-related lawsuits alleging that facial recognition-based systems of photo tagging violate the Illinois Biometric Information Privacy Act (BIPA).  Add one more to the list.  A Chicago resident brought a putative class action against Google for allegedly collecting, storing…

An Important Issue for Text-Message Marketers

There has been an uptick in litigation under the federal Telephone Consumer Protection Act (TCPA), 47 U.S.C. § 227 – likely due to the increased use of mobile marketing (not to mention the availability of statutory damages between $500 and $1,500 per violation).  And…

Cellco Partnership, doing business as Verizon Wireless, filed a lengthy complaint on March 7, 2011, against mobile marketing entities that have conducted short code marketing campaigns on its network. The complaint alleges that these entities failed to comply with the Mobile Marketing Association’s Consumer Best Practices Guidelines for Cross Carrier…