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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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August 27, 2025 Privacy Litigation

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? 

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cellphone technology
August 21, 2025 Privacy Litigation

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.

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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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Computer Lock Security
July 11, 2025 Content Moderation Online Safety ECPA

Another Take on the TAKE IT DOWN Act

The TAKE IT DOWN Act (the Act), enacted on May 19, 2025, is a powerful (and controversial) new tool designed to stop people from sharing “nonconsensual intimate imagery,” or NCII, online.

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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
woman typing on a cell phone
June 2, 2025 Content Moderation Privacy Compliance Privacy Litigation ECPA Online Safety

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? 

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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
privacy shield
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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Computer Lock Security
February 3, 2025 Privacy Law Recap Privacy Litigation

Privacy Law Recap 2024: Class Actions and Mass Arbitrations

Claims involving the alleged collection and use of consumer data continued to drive trends in privacy class actions and mass arbitrations in 2024. View blog post
Supreme Court
December 2, 2024 State Privacy Laws Privacy Compliance Privacy Litigation ECPA

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.

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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
Law Building
March 14, 2024 Privacy Litigation

The Next Wave of Privacy Litigation: The Illinois Genetic Information Privacy Act

Enacted in 1998, Illinois' Genetic Information Privacy Act (GIPA) governs the confidentiality and use of genetic testing and genetic information by employers and insurers. 

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supreme court building
September 27, 2023 ECPA

NJ Supreme Court: Wiretap Order Required for Prospective Online Communications

The Supreme Court of New Jersey unanimously held that a wiretap order is required to seek "prospective electronically stored information" from Meta Platforms, Inc., the provider of the Facebook and Instagram services. View blog post
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