Spencer Persson (US)

Subscribe to all posts by Spencer Persson (US)

California adopts GDPR-like data privacy law

By Will Troutman (US) and Spencer Persson (US) on June 29, 2018 Posted in General, Recent legislation and regulations

On June 28, 2018, the California legislature enacted the California Consumer Privacy Act of 2018 (the “CCPA”) a sweeping, GDPR-like privacy law that is likely to apply to most retailers that operate in California. It includes disclosure requirements, consumer access rights, opt-out rights, and deletion rights. The new law is set to take effect on … Continue reading

New Jersey passes new drivers license swipe law

By Spencer Persson (US) on August 7, 2017 Posted in General, Recent legislation and regulations

In enacting the Personal Information and Privacy Protection Act (S-1913), New Jersey joins a growing minority of states with so-called “swipe laws.” New Jersey’s law generally aligns with swipe laws in the approximately one-third of other states with such laws, limiting the purposes and type of information a retailer may scan and retain from identification … Continue reading

Specific jurisdiction ruling gives companies a new weapon in combatting mass consumer actions

By Spencer Persson (US) on June 29, 2017 Posted in Consumer class actions

On June 19, 2017, the United States Supreme Court limited the ability of plaintiffs to pursue mass consumer actions in state court. In Bristol-Myers Squibb Co. v. Superior Court, the Supreme Court limited personal jurisdiction over corporations in state courts on due process grounds, holding that persons purportedly injured outside of the forum state did … Continue reading

Discount class action theories broaden in California

By Spencer Persson (US) on March 15, 2017 Posted in Consumer class actions, Recent consumer products case law

The plaintiffs’ bar has a new angle on retailer discounting cases, which attack California retailers who discount merchandise by showing an “original” or “former” price next to a much lower, discounted price to imply tremendous savings. Initially, plaintiffs relied on California’s False Advertising Law, Unfair Competition Law, and the Consumer Legal Remedies Act to allege … Continue reading