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Perkins on Privacy

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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. 

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September 5, 2025 Artificial Intelligence Regulatory Enforcement Consumer Protection

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

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Computer Lock Security
August 11, 2025 Biometrics Children’s Privacy Health Privacy Legislative Developments Privacy Compliance Privacy Law Recap State Privacy Laws

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. 

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woman online shopping
July 24, 2025 Children’s Privacy Privacy Compliance State Privacy Laws Privacy Litigation Consumer Protection

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. 

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Phone Consumer
June 24, 2025 Consumer Protection Financial Privacy Legislative Developments

The Slow Death of the CFPB Open Banking Rule?

On May 30, 2025, the Consumer Financial Protection Bureau (CFPB) stated in a court filing that its “Open Banking Rule” (Rule) issued during the Biden administration “is unlawful and should be set aside.” View blog post
finger scan security
June 23, 2025 Biometrics State Privacy Laws

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

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Data
June 9, 2025 State Privacy Laws Privacy Compliance Privacy Law Recap Biometrics Health Privacy Legislative Developments

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.

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Virtual Landscape
May 28, 2025 State Privacy Laws Children’s Privacy Consumer Protection Artificial Intelligence

Montana’s Consumer Data Privacy Law Update: SB 297’s Sweeping Changes at a Glance

On May 8, 2025, Montana Governor Greg Gianforte signed Senate Bill 297 (SB 297) into law, significantly revising the existing Montana Consumer Data Privacy Act (MCDPA). View blog post
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April 25, 2025 Regulatory Enforcement Federal Trade Commission Consumer Protection

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.

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Security
December 4, 2024 Privacy Compliance New Administration Regulatory Enforcement Federal Trade Commission

How the FTC’s Approach to Privacy, Security, and AI Enforcement May Change

The new administration is likely to have a significant impact on the Federal Trade Commission’s (FTC’s) approach to privacy, data security, and other technology-related aspects of consumer protection, including artificial intelligence (AI). View blog post
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November 1, 2024 Marketing Consumer Protection

Supreme Court To Review FCC Authority Over Junk Faxes

In what is shaping up to be an increasingly active term for judicial scrutiny of agency deference, the U.S. Supreme Court granted certiorari in McLaughlin Chiropractic Assoc. v. McKesson Corp., No. 23-1226 (U.S. Oct. 4, 2024)—a case which appears primed to address how much deference federal courts must give to agency interpretations of the law. View blog post
Contracts
August 9, 2024 Privacy Litigation Biometrics

Illinois’ Plan to Limit Privacy Violation Damages Opens New Door

Changes to Illinois’ Biometric Information Privacy Act are awaiting Gov. J.B. Pritzker’s (D) signature. View blog post
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