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February 17th, 2022
Calif. AG Sets Sights on Loyalty Programs’ Privacy Pitfalls
Privacy & Data Security Group Chair Daniel M. Goldberg was quoted in the article, “Calif. AG Sets Sights on Loyalty Programs' Privacy Pitfalls” published by Law360. The article discusses the pressure businesses are facing to comply with the California Consumer Privacy Act requirement that companies offering loyalty programs explain to consumers how they’re profiting from the personal data they collect. The state's attorney general recently sent warning letters to a number of major corporations that offer loyalty rewards, and is making the issue a priority. Daniel explained that the challenges for brands include the difficulty of valuing customer data in relation to the benefits the companies receive – for example, because the value of free hotel rooms or flights can fluctuate many companies “say we're not going to address it right now because we don't know how to address it, or we don't want to address it because that could disclose trade secrets that give our competitors an advantage."
Daniel added that: "What's interesting is that the notices didn't talk about deficiencies in the notice but rather a lack of notice completely, and that's low-hanging fruit that [a] regulator [can] walk into a store or go onto a website and check out." The takeaway? companies “need to understand that this is something the AG's office is looking at very closely, and it's no longer an issue that companies can avoid addressing."
Read the article here. (Behind paywall)
Other Quoted
Scrutiny of Meat Labels Like Grass-Fed Misses Green Expectations
Bloomberg Law quotes Jeffrey A Greenbaum on governmental guidance regarding marketing the environmental impacts of products. He notes how different federal agencies issuing a range of advice on environmental marketing could be confusing for businesses. View Article
September 5 2024
Emerging Ethical Issues You Should Know
The American Bar Association quotes Tyler Maulsby on why the Corporate Transparency Act (CTA) including client due diligence is an important issue for lawyers. Mr. Maulsby notes getting the CTA wrong could be a federal offense, and he explains the biggest risks. View Article
August 1 2024
‘Trump Too Small’ Opinion Leaves Some Justices, Attys Vexed
Law360 quotes Kimberly M. Maynard on the recent 'Trump Too Small' apparel trademark that the U.S. Supreme Court unanimously concluded was not a free speech violation. View Article
June 14 2024