Recent court decisions highlight how website design, conspicuous notice, and user assent can determine whether online terms are enforceable.
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Texas AG Secures Temporary Restraining Order Against Discord Over Alleged Deceptive Safety Practices
Texas Attorney General Ken Paxton sued Discord under the Texas Deceptive Trade Practices Act, alleging false safety representations and default settings that expose minors to exploitation risks.
Texas Attorney General Announces Investigation into Drone Company over Data Privacy, Surveillance Concerns
Texas AG Ken Paxton states that the drone company misrepresented its data privacy and security practices to consumers in violation of the Texas Deceptive Trade Practices Act and allegedly concealed ties to China.
FTC Bars Kochava from Selling Sensitive Location Data
The Federal Trade Commission announced a stipulated final order resolving its enforcement action against data broker Kochava Inc. and its subsidiary Collective Data Solutions.
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FTC Signals Relaxed COPPA Enforcement for Age-Verification Technologies
The Federal Trade Commission remains focused on children’s privacy and the Children’s Online Privacy Protection Act.
Continue Reading FTC Signals Relaxed COPPA Enforcement for Age-Verification Technologies
Michigan Attorney General Takes Action Against Roku, Alleging COPPA Violations
On April 29, 2025, Michigan Attorney General Dana Nessel filed a lawsuit against Roku, Inc., alleging that the company collects and monetizes personal data from children without proper consent. The lawsuit claims that Roku’s practices violate the Children’s Online Privacy Protection Act (COPPA) and other privacy laws.
Continue Reading Michigan Attorney General Takes Action Against Roku, Alleging COPPA Violations
State Attorneys General Form Bipartisan Privacy Enforcement Consortium
On April 16, 2025, eight state regulators announced the formation of a collaborative privacy enforcement and information sharing consortium. This coalition signals a more unified and robust approach to privacy enforcement.
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CFPB Urges States to Fill Gaps in Federal Financial Privacy Statutes
On Nov. 12, 2024, the Consumer Financial Protection Bureau (CFPB) released a report examining federal and state privacy protections for consumers’ financial data. In the report, the CFPB “critiques” the privacy protections available under the Gramm-Leach-Bliley Act (GLBA) and the Fair Credit Reporting Act (FCRA), asserting that the federal framework has “limitations.” The CFPB then
CFPB Issues Personal Financial Data Rights Rule
On Oct. 22, 2024, the CFPB issued a final rule that will require covered financial institutions to provide consumers and authorized third parties with access and portability options for their financial data. The CFPB’s final rule, called the “Personal Financial Data Rights Rule,” implements Section 1033 of Title X of the Dodd-Frank Act, a to-date
FTC Announces Final ‘Click-to-Cancel’ Rule for Subscription Services and Other Negative Option Offers
On Oct. 16, 2024, the Federal Trade Commission announced its final “Click-to-Cancel” Rule for subscription services and other negative option offers. The rule requires sellers to make it as easy for consumers to cancel subscriptions as it was to sign up for them. The rule also changes businesses’ marketing, disclosure, consent, and recordkeeping requirements and