Perkins on Privacy
Perkins on Privacy
Perkins on Privacy keeps you informed about the latest developments in privacy and data security law. Our insights are provided by Perkins Coie's Privacy & Security practice, recognized by Chambers as a leading firm in the field.
FTC Files New “AI Washing” Case
On August 25, 2025, the Federal Trade Commission filed a complaint against Air AI, alleging the company and its owners made overblown claims about the availability and capabilities of its artificial intelligence (AI) tools to replace human sales representatives, as well as deceptive claims about the busi
VPPA Litigation Update: California’s Ruling in Video Game Context, D.C. Circuit’s Take on Consumer Definition
Can buying a video game on a website using pixel technology make you a Video Privacy Protection Act (VPPA) plaintiff?
Texas Broadens State’s TCPA Rules and Increases Litigation Risks for Marketers
Texas has enacted amendments to its state version of the federal Telephone Consumer Protection Act (Tex. Bus. & Comm.
Mid-Year Recap: State Consumer Privacy Laws
With 2025 more than half over and many state legislatures adjourned for the year, we look back at significant legislative developments concerning state comprehensive consumer privacy laws.
Free Speech Coalition v. Paxton: What the Supreme Court’s Age Verification Decision Could Mean for All Websites—Not Just Adult Ones
On June 27, 2025, the United States Supreme Court weighed in on the ongoing debate about age verification requirements for websites, holding that it is constitutional for a state to require websites that have a significant portion of adult content to implement commercial age verification systems.
The Slow Death of the CFPB Open Banking Rule?
Colorado Expands Reach of Obligations for Processing Biometric Identifiers and Biometric Data
On July 1, 2025, amendments to the Colorado Privacy Act and CPA rules will take effect, significantly expanding the scope of requirements for businesses that control or process biometric identifiers and biometric data. The amendments expand the scope of the law by imposing certain requirements on employers when they collect biometric identifiers or biometric data from their employees (incl
Don’t Mind If I Do: Montana Says Hands Off Neural Data
In May 2025, Montana enacted Senate Bill 163 (SB 163), amending that state’s Genetic Information Privacy Act (MGIPA) to include protections for neurotechnology data—namely, data collected from the activity of the central or peripheral nervous system.
Can Providers Be Sued for Mistaken CSAM Reports? Maybe, Says New Ruling
Can a communications provider be held liable when it reports to the National Center for Missing and Exploited Children (NCMEC) an image the provider believes to be child sexual abuse material based on signals provided by NCMEC?
Montana’s Consumer Data Privacy Law Update: SB 297’s Sweeping Changes at a Glance
FTC Enforcement Priorities Take Shape With Resource Cuts in Mind
Perkins Coie partner Janis Kestenbaum says the FTC is keeping the pressure on strong consumer protection enforcement despite the Trump administration’s deregulatory agenda.
Privacy Law Recap 2024: Class Actions and Mass Arbitrations
Massachusetts Supreme Court Decision Raises Bar for Website “Wiretap” Suits
In recent months, a wave of lawsuits has swept across the nation, targeting websites for allegedly violating state wiretapping laws through their use of tracking software.
Supreme Court To Review FCC Authority Over Junk Faxes
