Doing “Business” in CA? The CCPA Regulations Are Now Effective

Doing “Business” in CA? The CCPA Regulations Are Now Effective

Data Protection, Privacy, Terms of Service
Keyboard Computer Empty Private by geralt via Pixabay For those of you who have been wondering when the California Consumer Privacy Act regulations (which California Attorney General Xavier Becerra submitted to the Office of Administrative Law back in June) would be approved, you now have your answer: The regulations (which can be found here) were approved and went into immediate effect on August 14, 2020. While the CCPA’s formal enforcement date actually began on July 1st, approval and implementation of the finalized regulations now means that the California AG can bring enforcement actions against companies they've deemed to be in violation of the CCPA. As an e-commerce attorney who has been working with startups and more established companies on their online terms of service, privacy policies, and other disclosures to…
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‘Red’ Alert: After Redbox, Is It Time to Revisit Your Online Terms of Service?

‘Red’ Alert: After Redbox, Is It Time to Revisit Your Online Terms of Service?

Contracts, E-Commerce, Technology, Terms of Service
In this article, we discuss one of the more recent and interesting (or, depending on your perspective, exasperating) Federal trial court decisions looking at the enforceability of online terms of service, Wilson v. Redbox, why the case matters, key takeaways for your online business, and what it should be doing in response. A brief re-cap, Wilson, a Redbox user (amazing to think it was not that long ago that we actually went to kiosks for our movies--what a hassle!) sued the popular DVD movie rental company under the Telephone Consumer Protection Act (47 U.S.C. § 227) for continuing to send automatic text messages to her phone despite her having opted out. Redbox’s "Terms of Use" (represented by hyperlinks in both its kiosk and website checkout screens require mandatory arbitration of…
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