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Areas of Interest
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
Lawyer Who Cited Bogus Legal Opinions From ChatGPT Pleads AI Ignorance
Courthouse News Service, New York Law Journal, and Law360 mention Tyler Maulsby, Ronald C. Minkoff, and Ashley Alger as counsel to attorney Steven Schwartz and Levidow Levidow, whose court filings included fake case citations generated by ChatGPT. Read more.
June 9 2023
Greenwashing in the Crosshairs: Regulators Around the Globe Take Aim
AdWeek quotes Jeffrey A. Greenbaum on the FTC's updated Green Guides guidance, which discourages U.S. brands from misleading consumers through false advertising. Read more.
May 31 2023
How GCs Can Handle Internal Pressure To Hire A Certain Firm
Law360 quotes Tyler Maulsby on potential ethics issues when general counsels are pressured to steer work to specific law firms. Read more.
May 16 2023