In the current environment of changing privacy laws and an uptick in litigation in the area, the defense bar is warning companies that it might be time to take a hard look at compliance in the wake of a wave of class action lawsuits.
At a moment when the Federal Trade Commission is considering rulemaking on commercial surveillance and some states have adopted their own data privacy laws, class action claims in pixel tracking litigation have exploded. Now, the defense bar is weighing in on what companies might do to best protect themselves in this environment and how they might avoid future claims.
“Compliance programs out there right now are finding the dirt underneath is turning to quicksand,” said Sean M. Buckley, a member with Dykema Gossett in Dallas. “They are not keeping up with the velocity of the new laws and new regulations and new interpretations being passed as it relates to privacy and digital tracking.”
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