The California Attorney General and Los Angeles City Attorney last week jointly settled an enforcement action against a mobile gaming company (“the Company”) for alleged violations of the Children’s Online Privacy Protection Act (COPPA), the California Consumer Privacy Act (CCPA), and the state’s Unfair Competition Law. The city and
Darren Abernethy
Darren J. Abernethy is an ad tech, data privacy and cybersecurity attorney with more than a decade of experience, including in Am Law private practice in Washington, D.C. and as in-house counsel at startups and a leading privacy technology vendor. He advises clients on matters related to digital advertising, privacy law compliance, data breach management, M&A, and FTC best practices.
Darren's concentrations include data-driven marketing campaigns, the California Consumer Privacy Act (CCPA) and other U.S. state privacy laws, the European Union General Data Protection Regulation (GDPR)/ePrivacy, direct marketing, and IP-related transactional matters.
California Appeals Court Reinstates CPPA’s Ability to Enforce CPRA Regulations—Effective Immediately
In a potentially significant development for companies subject to the California Consumer Privacy Act, as amended (CCPA), on Feb. 9, California’s Third District Court of Appeal overturned a Superior Court decision issued in June 2023 that had stayed the enforcement of new CCPA regulations finalized by the California Privacy Protection Agency (CPPA), first-in-the-nation privacy regulator…
New EU-U.S. Data Privacy Framework and Website Now Effective for Cross-Border EU Personal Data Transfers to the United States
On July 10, 2023, the European Commission (EC) adopted its long-awaited adequacy decision for the United States, resulting in the new EU-U.S. Data Privacy Framework (DPF or Framework). For more information, see our European Commission Adopts EU-U.S. Adequacy Decision blog post.
Qualified Adequacy Decision for the United States. Typically, EC…
California Privacy Regulators Move Forward with Enforcement of the CCPA
Following on the heels of a California Superior Court’s last minute ruling that stayed enforcement of the revised California Consumer Privacy Act (CCPA) regulations, as previously discussed on this blog, California’s data privacy regulators have responded in ways that confirm they are more committed than ever to holding businesses accountable for alleged violations…
Enforcement of CCPA, As Amended, Now Begins; Revised Regulations To Be Enforced March 29, 2024
On June 30, 2023, the Superior Court for the County of Sacramento issued a minute order enjoining the California Privacy Protection Agency (CPPA or Agency) from enforcing updates to the existing CCPA regulations until March 29, 2024, twelve months after they were finalized. However, the Agency’s enforcement of the CCPA, as now amended by the California…
UK ICO Updates Email Marketing Guidance and Enforces Against Direct Marketing Based on Purchase History Inferences
On Oct. 18, 2022, the UK Information Commissioner’s Office (ICO) updated its “Guidance on Direct Marketing Using Electronic Mail,” providing refreshed FAQs regarding what constitutes electronic mail marketing, related rules and responsibilities, and miscellaneous clarifications to compliance questions such as “are tracking pixels covered by the electronic mail marketing rules?” (Short answer: technically no, but…
Businesses Beware: Proposed Amendments to the CCPA Regulations Will Increase Cost of Doing Business in California
On July 8, 2022, the California Privacy Protection Agency (CPPA) issued proposed amendments to the California Consumer Privacy Act (CCPA) regulations to harmonize them with the California Privacy Rights Act of 2020 (CPRA), which will go into effect on Jan. 1, 2023. Individuals or companies have until Aug. 23, 2022, at 5 p.m. to submit…
Top 10 Takeaways from the California AG’s CCPA Enforcement Case Examples
This article was originally posted by IAPP here. Reprinted with permission.
In July, the office of the attorney general of California marked the one-year anniversary of its enforcement of the California Consumer Privacy Act by issuing a press release to tout its “successful enforcement efforts.” Also well-publicized, in the same announcement, the office unveiled…
U.S. Supreme Court Limits the FTC’s Authority to Seek Monetary Relief in Deceptive Practices Enforcement Cases
In a unanimous decision released on April 22, 2021, the U.S. Supreme Court upended decades of lower court precedent by finding that Section 13(b) of the Federal Trade Commission Act (FTC Act) does not authorize the FTC to seek, or a court to award, equitable monetary relief such as restitution or disgorgement. Instead, in AMG…
Website ‘Dark Patterns’ Are Drawing Focus of FTC, State Legislators
New regulations to the California Consumer Privacy Act (CCPA) took effect in March that prohibit businesses from using on their websites “dark patterns” that make it difficult for California consumers to opt out of the sale of their personal information.
A dark pattern is a potentially manipulative user interface design that can have the effect,…