Author Archives: John DiGiacomo

Understanding Trap and Trace Lawsuits Under the California Invasion of Privacy Act

Understanding Trap and Trace Lawsuits Under the California Invasion of Privacy Act

Internet Law

In recent years, there has been a surge in lawsuits filed under the California Invasion of Privacy Act (CIPA), particularly focusing on the “trap and trace” provisions. These lawsuits often target businesses for allegedly using tracking technologies on their websites. However, many of these claims are considered frivolous and lack substantial legal grounding. In this […]

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California: Retailers Must Warn That Digital Goods Can Be Taken Away

California: Retailers Must Warn That Digital Goods Can Be Taken Away

Internet Law

California Assembly Bill No. 2426, recently enacted into law, introduces significant amendments to the Business and Professions Code, specifically targeting consumer protection against false advertising in the realm of digital goods. This legislation, approved by the Governor on September 24, 2024, aims to address the misleading practices often associated with the sale of digital goods, […]

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E-Commerce Package Protection May Violate Insurance Law

E-Commerce Package Protection May Violate Insurance Law

Internet Law

E-commerce business owners often look for ways to increase their cart size to in turn increase the revenue of their business. Many resort to adding package protection, a form of warranty or guaranty that a package will arrive undamaged. However, many of these package protection products may run afoul of state insurance law. E-commerce merchant […]

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Challenges in Protecting Children’s Online Privacy: COPPA and TikTok

Challenges in Protecting Children’s Online Privacy: COPPA and TikTok

Internet Law

Protecting the privacy of children’s online personal data is complicated and challenging. The problems are made more difficult by the fact that, seemingly, children are happy to skirt and evade the various efforts made by online platforms to protect their privacy and by the fact that data collection businesses are happy if those efforts succeed. […]

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How to Know if Your State’s Consumer Data Protection Act is Strong or Weak

How to Know if Your State’s Consumer Data Protection Act is Strong or Weak

Internet Law

About twenty States around the country have enacted some version of a consumer data privacy or protection statute. Six such statutes were enacted in 2024, with another six slated for legislative action going into the next year. When a new consumer data protection statute is passed for consumers and businesses, among the first questions asked […]

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NIL and Trade Dress Rights: Rapper T.I. and Tiny Harris Win $71 Million In O.M.G. Doll Infringement Case

NIL and Trade Dress Rights: Rapper T.I. and Tiny Harris Win $71 Million In O.M.G. Doll Infringement Case

Trademark

Name, image, and likeness (“NIL”) rights have been a “hot” topic lately. However, the focus seems to be on sports celebrities, particularly college and high school sports athletes. However, NIL and publicity rights have always applied to a much broader range of celebrities and personalities. For example, as reported here, musician and rapper Clifford “T.I.” […]

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Do AI Programs Store or Memorize Personal Data? German Regulator Says “No”

Do AI Programs Store or Memorize Personal Data? German Regulator Says “No”

Internet Law

There are several ongoing legal controversies relating to AI computer software models — such as Chatbot — and whether the training and output of such models violate copyright laws and data privacy laws and endanger personal and social freedoms. We wrote recently about the pending case of Andersen v. Stability AI, Ltd. (N.Dist. Cal.) involving […]

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Acquiring Direct-to-Consumer E-commerce Businesses: Do Data Privacy Statutes Apply?

Acquiring Direct-to-Consumer E-commerce Businesses: Do Data Privacy Statutes Apply?

Internet Law

When starting, acquiring, or merging with a direct-to-consumer (“DTC”) e-commerce business, there are many legal issues that must be considered. One of the more important is compliance with consumer data privacy statutes. Nearly 20 States in the U.S. have now enacted consumer data privacy and protection statutes. The general concern of these statutes is to […]

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E-commerce and DTC Businesses: What to Know About the INFORM Consumers Act

E-commerce and DTC Businesses: What to Know About the INFORM Consumers Act

Internet Law

E-commerce and direct-to-consumer (“DTC”) businesses should be aware of the requirements of the federal Integrity, Notification, and Fairness in Online Retail Marketplaces for Consumers Act enacted by Congress in 2023. The Act is called the INFORM Consumers Act. Many e-commerce and DTC businesses already comply with the Act, either because the required information is supplied […]

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