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The Cookie Conundrum: Navigating the Latest Trends in Privacy Litigation and FTC Enforcement

Loeb’s Jessica Lee, chair, Privacy, Security & Data Innovations and partners Christopher Ott and John Taliaferro discuss the latest trends in data privacy litigation and class actions, FTC enforcement rule developments, and security response strategies.

From claims of wiretapping violations under the California Invasion of Privacy Act (CIPA) to HIPAA and Video Privacy Protection Act actions, 2023 has been marked by an influx of data security, privacy litigation, and enforcement actions. Specifically related to the use of cookies and other website trackers that put companies at risk for costly settlements, fees and regulatory penalties. 

As businesses try to grapple with the evolving data security and privacy regulations, the FTC continues to expand its use of all of its enforcement tools, primarily focusing on deceptive and unfair uses of health and location information, as well as children’s data.  

Rulings from recent FTC class actions are evidence that businesses must understand the data and privacy regulations and their rights to effectively respond to challenges on how the business manages its data.