🇺🇸 United States

Data-protection & privacy developments in United States (Americas). Auto-maintained from the daily feeds; add curated notes freely.

🆕 Recent additions (auto)

• 2026-09-07 HmbBfDI and third-country transfer — The HmbBfDI also addresses the Supreme Court ruling on Trump v. Slaughter in a listen-in at the Data Protection Snack (duration 5 min.). It concerns the conceivable consequences of the ruling for the adequacy decision of the EU Commission, which certifies an adequate level of protection for the transfer of personal data from the EU to the USA (Datenzirkus (BvD))
• 2026-09-07 Italy: Fine against data broker Lusha — The Italian data protection authority has imposed a fine of 2 million euros against Lusha Systems Inc., a data broker based in the USA that operates a platform offering access to ’enriched’ information about individuals for a fee, such as their job titles, email addresses and telephone numbers (Datenzirkus (BvD))
• 2026-09-07 Munich Regional Court: Memorization in AI satisfies reproduction requirements of § 16 UrhG (GEMA v. Suno) — At the Munich Regional Court, the civil chamber specialized in copyright has ruled in the proceedings of the collective management organization GEMA against SUNO, the provider of an artificial intelligence (AI)-based music generator (case number 42 O 763/25). GEMA accuses the defendant based in the USA in its cessation, disclosure and damages claim of copyright infringements. According to GEMA’s view, these are through the outputs of the music generator the… (Datenzirkus (BvD))
• 2026-09-07 Criminal liability for data deletion in the USA — This news was alarming: Can it be a criminal offense in the USA to delete one’s own data on the smartphone before giving it to the police? The police had no judicially confirmed grounds. The user used a so-called ‘duress password’ that wiped the phone immediately (Datenzirkus (BvD))
• 2026-09-04 Shut Door, Open Window: Eleventh Circuit Vacates Landmark District Court Ruling That the False Claims Act’s Qui Tam Provisions Violate the Appointment — On September 1, 2026, the United States Court of Appeals for the Eleventh Circuit issued its widely anticipated decision in United States ex rel. Zafirov v. Florida Medical Associates, LLC, vacating a district court order holding the False Claims Act’s (“FCA”) qui tam provisions unconstitutional under the Appointments Clause of Article II of the U.S (Health RSS Feed)
• 2026-09-04 New California Ruling and Legislation Provide Some Relief for Businesses Facing Website-Tracking Claims — In the span of one week, two long-awaited developments emerged from California’s Court of Appeal and Legislature. Together, they may narrow a prominent category of litigation under the California Invasion of Privacy Act (“CIPA”) involving website and application tracking technologies….By: Blank Rome LLP (Privacy RSS Feed)
• 2026-09-04 From CERCLA to Drinking Water: D.C. Circuit’s PFAS Ruling Enters a Second Regulatory Fight — On August 18, 2026, a unanimous panel of the U.S. Court of Appeals for the D.C. Circuit upheld EPA’s designation of perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS) as hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA or Superfund) (Health RSS Feed)
• 2026-09-03 The Real Lessons Of The Sling TV CCPA Settlement: A Technical Guide For Privacy Leaders — California’s $530,000 Sling TV settlement exposed four technical gaps common to most privacy programs: identity parity for logged-out users, opt-out friction, context-blind consent, and non-browser surfaces. Here’s what each one requires at a systems level….By: Ketch (Privacy RSS Feed)
• 2026-09-03 ALPR Update: Recent Developments in ALPR Standing — The latest development with respect to statutory standing under California’s Automated License Plate Recognition Act (“ALPR Act”) is positive for ALPR operators and end-users in the State of California. The California Court of Appeals, Fourth Appellate District in Mata v. Digital Recognition Network, Inc., 121 Cal (Privacy RSS Feed)
• 2026-09-02 FTC, Requiring Divestitures, Approves Final Consent Decree in Ascension/AmSurg Deal — On August 25, 2026, the Federal Trade Commission (FTC) announced it had finalized a consent order resolving antitrust concerns arising from Ascension Health Alliance’s $3.9 billion acquisition of AmSurg. This order arrives against the backdrop of heightened FTC attention to the healthcare sector….By: Cooley LLP (Health RSS Feed)
• 2026-09-02 Allulose Claims Face Growing Class Action Scrutiny — “Zero sugar” and “sugar free” claims on products containing allulose are emerging as a target for consumer class actions. The recent Seventh Circuit decision in Franco v. Chobani, LLC provides plaintiffs with a new theory for those cases: although the U.S (Health RSS Feed)
• 2026-09-03 CIPA Class Certification Denied: What Lewis v. Magnite Means for Website Operators — Web tracking remains the most active frontier in privacy class action litigation, with thousands of lawsuits targeting companies that deploy cookies, pixels, and similar technologies on consumer-facing websites. The latest wave contends that these ubiquitous tools violate the California Invasion of Privacy Act’s (CIPA) prohibition on “pen registers” and “trap and trace devices.” Until now, those battles have been fought at the pleading stage, not at CIPA class certification….By: Baker Donelson (Privacy RSS Feed)
• 2026-09-03 Audio The FTC Caught Up: What You Need to Know About Its Latest Disparate Impact Statement — The Consumer Finance Podcast — In this crossover edition of Moving the Metal: The Auto Finance Podcast and The Consumer Finance Podcast, hosts Brooke Conkle, Chris Capurso, and Chris Willis break down the FTC’s policy statement abandoning disparate impact enforcement under the Equal Credit Opportunity Act and Section 5 of the FTC Act. The group traces the reversal to two key drivers — a reassessment of the FTC’s statutory authority and President Trump’s executive order directing agencies to deprioritize disparate… (Consumer Protection RSS Feed)
• 2026-09-05 A New CPSC Takes Shape: Less Regulation Does Not Mean Less Enforcement — Under its newly confirmed leadership, the U.S. Consumer Product Safety Commission’s enforcement posture continues to evolve. This article provides an overview of CPSC’s targeted enforcement, which is increasing even as traditional rulemaking recedes (Consumer Protection RSS Feed)
• 2026-09-04 The Road Ahead for Driverless Vehicles: DOT Unveils AV 5.0 National Strategy — The U.S. Department of Transportation (DOT or the Department) on The U.S. Department of Transportation (DOT or the Department) on September 3, 2026, released its latest guidance outlining the Department’s approach to automated vehicles (AVs) (Science, Computers, & Technology RSS Fee)
• 2026-09-04 Sustainable Development and Land Use Update 9.4.26 — On August 3, 2026, the California Department of Fish and Wildlife (CDFW) published Considerations for Conserving Crotch’s Bumble Bee, Franklin’s Bumble Bee, Western Bumble Bee, and Suckley’s Cuckoo Bumble Bee (the “2026 Guidance”) — a 44-page guidance document that substantially expands the agency’s prior June 6, 2023, Survey Considerations for CESA Candidate Bumble Bee Species (the “2023 Survey Guidance”)….By: Allen Matkins (Science, Computers, & Technology RSS Fee)
• 2026-09-04 California Legislature Passes SB 690 to Curb Tide of Website-Tracking Litigation — On August 28, 2026, the California Legislature unanimously passed Senate Bill 690 (SB 690), a measure intended to curb a substantial portion of website-tracking and privacy litigation that has proliferated under the California Invasion of Privacy Act (CIPA) and related federal and state law….By: Allen Matkins (Privacy RSS Feed)
• 2026-09-04 California Closes Legislative Session with Significant AI and Privacy Developments — The California Legislature passed a significant number of privacy-and AI-related bills during the latest legislative session, which ended August 31, 2026. The measures – which span AI transparency, employment decisions, privacy practices, use of chatbots, health care services, children’s online protections, and more – will have wide-ranging effects on companies doing business in California, if and when they are signed into law by the Governor….By: Wiley Rein LLP (Privacy RSS Feed)
• 2026-09-04 Focused on Fairness: How the FTC’s Contact Lens Rule Delivers Choice, Competition, and Savings to Consumers — The fundamental job of the Federal Trade Commission (FTC or Commission) is to protect U.S. consumers and safeguard competition, which helps to lower prices, improve quality, foster innovation, and improve consumer access. In pursuing this mandate, the Commission has prioritized competition and consumer choice in healthcare, the largest sector of the economy and a top financial worry for Americans (Health RSS Feed)
• 2026-09-04 California Legislature Passes Bill to Curb Certain Website-Tracking Lawsuits Under CIPA — On August 28, 2026, the California Legislature (Legislature) unanimously passed Senate Bill 690 (SB 690). California Governor Newsom has until September 9, 2026, to sign or veto the bill. The expectation is that SB 690 will be enacted and provide a direct response to the recent wave of website-tracking litigation under the California Invasion of Privacy Act (CIPA) by removing private enforcement of certain claims under CIPA’s pen register and trap and trace provision and assigning enforcement… (Privacy RSS Feed)
• 2026-09-03 It’s Up to the Governor: California Legislature Passes SB 690, Which Could Curtail the Wave of Website Privacy Litigation — On August 28, 2026, SB 690 passed both chambers of the California Legislature and now awaits action by Governor Gavin Newsom. If he signs it, the bill will shake up the litigation landscape under the California Invasion of Privacy Act (“CIPA”) by eliminating the private right of action for § 638.51 claims arising from conduct occurring on websites and applications….By: Benesch (Privacy RSS Feed)
• 2026-09-03 California SB690 – A Bill That Significantly Narrows Website Tracking Claims – Sent to Governor’s Desk — California lawmakers have sent Senate Bill 690 to Governor Gavin Newsom, teeing up a narrowing of website-tracking litigation under the California Invasion of Privacy Act (CIPA), who has until September 30 to sign or veto the legislation….By: Seyfarth Shaw LLP (Privacy RSS Feed)
• 2026-09-03 Trapped and Traced No More - SB 690 Will Stem Tidal Wave of California Invasion of Privacy Claims — The flood of California Invasion of Privacy Act (CIPA) lawsuits targeting cookies, pixels and other tracking tools under antiquated laws that did not contemplate the internet is on its way to an end. For years, plaintiffs’ lawyers and individuals have used CIPA to send demand letters, commence arbitrations and class action lawsuits against companies of every size alleging that website tracking was illegal eavesdropping….By: CDF Labor Law LLP (Privacy RSS Feed)
• 2026-09-02 SEC and FDA Unite: New MOU Creates Coordinated Regulatory and Enforcement Framework — On August 31, the U.S. Securities and Exchange Commission (SEC) and the U.S. Food and Drug Administration (FDA) executed a Memorandum of Understanding (MOU) establishing a formal framework for sharing nonpublic information between the two agencies….By: Troutman Pepper Locke (Health RSS Feed)
• 2026-09-02 California Legislature Passes Bill Curtailing CIPA Website-Tracking Lawsuits — The California Legislature has passed legislation that, once signed into law, significantly reduces the most active basis of website-tracking litigation in the state. On August 28, 2026, lawmakers approved Senate Bill 690 (“SB 690”), which eliminates private lawsuits under the pen-register and trap-and-trace provisions of the California Invasion of Privacy Act (“CIPA”) for alleged violations due to website-tracking technologies. The bill now heads to Governor Gavin Newsom to be signed into… (Privacy RSS Feed)
• 2026-08-25 Half a Million Californians Have Signed up for DROP to Delete their Personal Information from Data Brokers (privacy.ca.gov)
• 2026-08-28 California Legislature Advances Bill to Strengthen Deletion Rights (privacy.ca.gov)
• 2026-09-01 CalPrivacy Continues Enforcement Blitz with Action Against Virginia Data Broker (privacy.ca.gov)

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