With Inauguration Day just around the corner, we are likely to see a host of new legislative and enforcement initiatives at the federal level. The Federal Trade Commission (FTC) will shift certain priorities under incoming Chairman Andrew Ferguson’s direction. And at the state level, legislatures and state attorneys general (state AGs) will continue to be active, enacting and enforcing a slate of new laws. As we ring in the new year, companies should be mindful of the new laws, regulations, and enforcement priorities that will likely impact them. Below are the top 10 U.S. privacy, cybersecurity, and consumer protection developments to watch out for in 2025:
Continue Reading New Year, New Developments: 2025 U.S. Privacy, Cybersecurity, and Consumer Protection PredictionsRebecca Weitzel Garcia
Subscription and Auto-Renew Offerings Face New Hurdles: FTC Issues Broad “Click-to-Cancel” Rule Imposing Nationwide Requirements
By Maneesha Mithal, Aaron Hendelman, Libby Weingarten, Edward Holman, Brett Weinstein, Kelly Singleton, Rebecca Weitzel Garcia & Doo Lee on
Posted in Regulatory
Companies that automatically renew customers’ subscriptions or memberships, take note. On October 16, 2024, the Federal Trade Commission (FTC) announced sweeping amendments to the Negative Option Rule, which would apply to a host of subscription-based products and services that have an auto-renewal feature (i.e., a negative option offering), including those directed to businesses. The Rule includes specific and prescriptive requirements, such as requirements to 1) obtain consumers’ affirmative consent to an auto renewal feature “separate from any other portion of the transaction,” 2) present all material terms of the transaction “immediately adjacent to” the means of recording consumer consent, and 3) allow for simple cancellation in the same medium the consumer used to consent, noting that a chatbot cancellation method would not be acceptable unless the initial transaction was made through a chatbot. Violations of the Rule would be subject to $51,744 in civil penalties per violation.
Continue Reading Subscription and Auto-Renew Offerings Face New Hurdles: FTC Issues Broad “Click-to-Cancel” Rule Imposing Nationwide RequirementsMaryland Age-Appropriate Design Code Effective October 1, 2024
Posted in Privacy
On October 1, 2024, the Maryland Age-Appropriate Design Code (Maryland AADC) became effective. The Maryland AADC introduces onerous new compliance requirements on companies that are reasonably likely to be accessed by minors under the age of 18.
Continue Reading Maryland Age-Appropriate Design Code Effective October 1, 2024“Chevron is overruled”: How Loper Bright Will Change the Regulatory Law Landscape
By Tamara Brightwell, Amy Caiazza, Jess Cheng, Jamillia Ferris, Steffen Johnson, Maneesha Mithal, Maureen Ohlhausen, Brent Snyder, Rachel Burke, Kelsey Curtis, Rebecca Weitzel Garcia, Troy Jenkins & Evan Moore on
Posted in Regulatory
In a decision with far-ranging implications for federal administrative law, the United States Supreme Court issued its long-awaited ruling in Loper Bright Enterprises v. Raimondo (Loper Bright).1 The Supreme Court’s six-Justice majority held that the Administrative Procedure Act (APA) requires courts interpreting agency regulations to determine independently whether the agencies have acted within their statutory authority, even where the statute at issue is ambiguous. In so holding, the Court overruled its 1984 decision in Chevron USA v. Natural Resources Defense Council, which for the last four decades had governed thousands of cases involving federal agency interpretations of ambiguous laws.
Continue Reading “Chevron is overruled”: How Loper Bright Will Change the Regulatory Law LandscapeVideo Game App Developer Agrees to Pay $500,000 for Children’s and Minors’ CCPA, COPPA, and Ads Violations
Posted in Privacy
On June 18, 2024, the California Attorney General and the Los Angeles City Attorney (collectively, “the People”) announced a settlement with Tilting Point Media LLC (Tilting Point). The settlement resolves allegations that Tilting Point violated the Children’s Online Privacy Protection Act (COPPA), the California Consumer Privacy Act (CCPA), and the Privacy Rights for California Minors in the Digital World Act (Digital Privacy for Minors Act).
Continue Reading Video Game App Developer Agrees to Pay $500,000 for Children’s and Minors’ CCPA, COPPA, and Ads ViolationsMaryland Passes Age-Appropriate Design Code
Posted in Privacy
On May 9, 2024, Maryland Governor Wes Moore signed HB 603, the Maryland Age-Appropriate Design Code (Maryland AADC). The Maryland AADC builds on Maryland’s Online Data Privacy Act, which was signed into law the same day and requires companies to provide certain protections for personal data of a consumer when the company knows or has reason to know the consumer is a child under the age of 13.1 The Maryland AADC layers on additional requirements for “covered entities” and expands the definition of “child” to include individuals under the age of 18.
Continue Reading Maryland Passes Age-Appropriate Design Code