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.
New Jersey Appellate Court Sets Constitutional Limits on Tower Dump Warrants
Earlier this month an appellate court in New Jersey issued an opinion in State v. Bryant, holding that tower dumps are Fourth Amendment searches that require particularized warrants supported by probable cause.
New York Requires Disclosure of Personalized Algorithmic Pricing
Key Takeaways
- New York now requires businesses to disclose when they use personal data to generate individualized, algorithmically determined prices for consumers in New York.
- Several exceptions apply, including entities subject to insurance law, certain financial institutions, and certain subscription pricing practices.
NetChoice Challenge of Maryland Kids Code Moves Forward: Motion To Dismiss Denied
On November 24, 2025, trade association NetChoice secured a win in its constitutional challenge to Maryland's Age-Appropriate Design Code Act (Kids Code or Act) when the U.S. District Court for the District of Maryland denied a motion to dismiss.
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.