Privacy

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The California Court of Appeal, Second Appellate District, has issued its tentative ruling in Variety Media, LLC v. Superior Court, the closely watched writ proceeding that asks whether the pen register provisions of the California Invasion of Privacy Act (“CIPA”) apply to common website tracking technologies. The tentative decision would grant Variety’s petition in part and ……
Continue Reading California Court of Appeal Tentatively Holds That Collecting a Website Visitor’s IP Address Alone Does Not Constitute Pen Register Activity Under CIPA

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Tsuyoshi Kozu, Unsplash

Senior United States District Judge William H. Orrick, sitting in the Northern District of California, denied a motion to dismiss last week in an Automated License Plate Recognition (“ALPR”) matter, McGinty v. Reimagined Parking LLC, d/b/a Imperial Parking.[1] Judge Orrick held that the plaintiff plausibly alleged actionable harm based on his “right to know” about the use of ALPR systems in two garages. The order follows Bartholomew v. Parking Concepts, Inc.[2] and the guidance of Mata v. Digital Recognition Network, Inc.,[3] concluding that the California Supreme Court would likely recognize violation of a consumer’s “right to know” as actionable harm under California’s ALPR law if presented with the question.

Continue Reading Federal Court Follows Bartholomew Reasoning in Denying Motion to Dismiss ALPR Lawsuit
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On July 21, 2026, the California Privacy Protection Agency, now branding itself publicly as CalPrivacy, announced that its Audits Division has launched its first formal privacy audit, focused on gig economy platforms operating in California. The audit is the first in a planned series of “sectoral audits” and will evaluate whether major gig platforms are complying with the California Consumer Privacy Act (CCPA), particularly with respect to consumers’ and workers’ rights to access and control personal information.

Although the audit is directed at app-based transportation, delivery, and task-service platforms, the broader message is important for any business collecting applicant, worker, contractor, geolocation, profiling, performance, biometric, communications data, or automated decision-making technology (ADMT) use in California. CalPrivacy’s focus on gig workers also reinforces a point that employers and workforce platforms should not underestimate: California privacy rights apply not only to traditional consumers, but also to employees, job applicants, and independent contractors.

Continue Reading California Privacy Regulator Launches First Sectoral Audit—Targets Gig Platforms

In this Quick Take Episode, we discuss the Supreme Court’s recent grant of certiorari on a Sixth Circuit decision holding that an individual who subscribes to an email newsletter is not a “consumer” under the VPPA.

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More Information & To Register

Seyfarth Shaw is a sponsor for the 2024 ANA Masters of Advertising Law Conference, the biggest advertising, marketing, and promotion law conference in the nation. The conference will take place November 11-13 at the Fairmont Scottsdale Princess in Scottsdale, Arizona. During the conference Seyfarth attorneys Joe Orzano and Kristine Argentine…

With so many companies being hauled into court in California based on claims that the functionalities on their website and use of service providers for marketing or analytics purposes violate consumer privacy rights, it is important to exhaust all possible defenses available to defendants. Late last year, the Ninth Circuit issued a ruling upholding a…

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Seyfarth Synopsis: The U.S. District Court for the Northern District of Illinois recently denied Plaintiff’s motion to reconsider a prior dismissal of his privacy action due to untimeliness.  In a case titled Bonilla, et al. v. Ancestry.com Operations Inc., et al., No. 20-cv-7390 (N.D. Ill.), Plaintiff alleged that consumer DNA network Ancestry DNA violated the …

SG - ANA Webinar

On Tuesday, June 13 at 1:00 p.m. Eastern, Seyfarth attorneys Kristine Argentine, John Tomaszewski, and Paul Yovanic will present at the Association of National Advertisers webinar, “Emerging Issues Surrounding Privacy Class Actions and Compliance in 2023.”

This presentation will cover the recent surge in consumer class actions, compliance considerations, and recent developments…

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Seyfarth continues to be on the forefront of issues involving the Illinois Biometric Information Privacy Act (“BIPA”). On February 10, 2023, Seyfarth attorneys Paul Yovanic and Kristine Argentine published an in-depth analysis of the current trends in BIPA litigation and what to expect for 2023 on Bloomberg Law.

The article, examines the recent Illinois…