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Nicola Menaldo represents and counsels technology and retail clients on a wide range of issues central to their business needs.

California’s new Autobot Law, Cal. Bus. & Prof. Code § 17940, et seq. (SB 1001), which goes into effect July 1, 2019, may affect businesses that use chatbots to interact with customers online. As the nation’s first autobot regulation, SB 1001 makes it unlawful “to use a bot to communicate or interact with another person

Nevada is the latest state to strengthen privacy laws to address the perceived need for more oversight of how companies handle personal data. On May 29, 2019, Nevada’s governor signed into law Senate Bill 220, which amends the state’s online privacy notice statute, Nev. Rev. Stat. Ann. § 603A.300 et. seq. The amendments provide consumers with the right to restrict an entity’s “sale” of covered information while also excluding certain entities from the statute’s application. The amendments become effective October 1, 2019.
Continue Reading Nevada Expands Online Privacy Law to Grant Consumers Additional Rights While Excluding Certain Institutions From Compliance

On December 29, 2018, Google won summary judgment in Rivera v. Google, a privacy class action alleging violations of the Illinois Biometric Information Privacy Act (BIPA). The case involved “face grouping,” a feature that enables Google Photos to automatically sort and group the photographs in a user’s private account based on visual similarities between

The Ninth Circuit recently denied a motion for rehearing en banc in Marks v. Crunch, leaving in place a Ninth Circuit decision that broadly defines “automated telephone dialing system” (“autodialer”) under the Telephone Consumer Protection Act (“TCPA”). The decision conflicts with decisions from other circuits.  And in the New Year, the FCC is expected to issue its own new interpretation of the term “autodialer” under the TCPA. Amidst this uncertainty, companies should proceed cautiously when reaching consumers by phone or text, and should consider how to minimize risk with respect to the TCPA’s autodialer provisions.
Continue Reading Ninth Circuit Interprets Automatic Telephone Dialing System under TCPA, Leaving Circuit Split