ADA Website Accessibility: Courts Continue To Provide Clarity, At Cost to Businesses

  • The California Court of Appeals ruled in Thurston v. Midvale Corp. regarding website-related Americans with Disabilities Act (ADA) suits, specifically requiring a restaurant to bring its website into compliance with the Web Content Accessibility Guidelines (WCAG) 2.0.
  • The court adopted the now-majority viewpoint that websites are covered by the ADA when there is a nexus between the website and access to a physical place of public accommodation
  • Prospective plaintiffs are now armed with caselaw out of multiple states establishing that WCAG 2.0 is essentially the

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Part 4: Privacy Policy Requirements Under the CCPA

This is our fourth blog post in a multi-part series addressing what insurers need to know about the California Consumer Privacy Act (CCPA). This post focuses on a business’ obligations when it comes to their privacy policy, such as including and disclosing certain information regarding consumers’ rights. While this post does not require any background on the CCPA, if you would like the benefit of our preliminary discussions before diving into this post we invite you to start with Part 1: The California Consumer Privacy
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Robocall Legislation Likely to Move Forward for White House Approval

Leaders of the House Energy and Commerce Committee and the Senate Commerce Committee issued a joint statement early November advising that they have reached a deal on anti-robocall legislation which will seek to stave off those pesky robocalls United States consumers receive, often at the most inopportune times. Robocalls have been a growing problem in the U.S., based in large part on their solicitation of the disclosure of personal information to unknown organizations (who are typically based outside of the U.S.), often resulting in identity…
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Potential Changes to North Carolina Cybersecurity Law

As we continue to see substantial changes in the area of cybersecurity law across the United States as well as globally, North Carolina has undertaken preliminary steps to expand on its current laws within the state. On April 16, 2019, the North Carolina House of Representatives introduced a bipartisan bill to amend North Carolina’s Identity Theft Protection Act. The bill passed its first reading and was referred to committee. The proposed bill contains numerous changes that will affect how cybersecurity is handled in North…
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Landmark Decision on Vehicle Data Privacy Issued by Georgia Supreme Court

In a landmark decision on vehicle data privacy, the Georgia Supreme Court on October 21, 2019 overturned a Georgia Court of Appeals decision that could have made it legal for police to take any data as they wished from private vehicles without a warrant. Mobley v. State.[i] The case arose from a fatal vehicle crash in December 2014, when a man named Victor Mobley collided into a Corvette pulling out from a driveway with two people inside, both of whom died from the crash.…
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Ransomware Hits Hard During 2019

Highly visible ransomware attacks have occurred since the start of 2019. At their most basic, ransomware attacks involve the introduction of malware onto a victim’s computer or server, rendering it unusable. The fraudsters will then demand payment from the victim in order to restore the systems. In recent months, major cities such as Atlanta, Baltimore, and Johannesburg have fallen victim to ransomware attacks. The ransomware attack to Baltimore is especially revealing as its impacts continue to be felt. While the mayor rebuffed the criminals’ demand…
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NSA Launches Cybersecurity Directorate to Combat Cyber Attacks on Government and Private Sector Systems

The National Security Agency (NSA) has established a Cybersecurity Directorate that “unifies NSA’s foreign intelligence and cyber defense missions” to more closely align its offensive and defensive operations. The directorate, operating as of October 1, 2019 will help contribute to the NSA’s defensive mission to protect digital systems. It will focus initially on the defense industrial base and weapon security improvement.  The increased focus on cybersecurity comes in the wake of a 56-page report by the National Security Telecommunications Advisory Committee warning that the United…
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Millennials Reporting More Electronic Scams, but Smaller Losses than Individuals Over 40

Scams, whether initiated online or over the phone, affect people of all ages. However, to the surprise of some, the Federal Trade Commission (FTC) has found that individuals in the millennial generation, which the FTC defined as people between 20 and 39, are 25 percent more likely to report losing money to fraud from electronic scams.  In its report, the FTC analyzed the reporting rates of fraud from September 2017 to August 2019, including the following types: 1. Online shopping 2. Business imposter scams…
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Securities and Exchange Commission Waits to Create Cryptocurrency Regulation

Although Congress ramped up its pressure on the Securities and Exchange Commission with the recent announcement of Facebook’s new cryptocurrency, it appears clear regulations are still far down the line. The SEC’s responses at a recent panel suggest that Facebook’s planned launch of Libra in mid-2020 will not lead to an immediate release of regulations specifically designed to address cryptocurrencies. In June, Facebook announced that it would be getting into the cryptocurrency market with Libra, a digital currency supposedly targeted at the 1.7 billion unbanked…
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Part 3: Coverage Considerations Under CGL Policies for CCPA Violations

This blog post is our third in a multi-part series addressing what insurers need to know about the California Consumer Privacy Act (CCPA). Imagine this: You own a successful string of sporting goods stores across California. Not only do you sell goods directly, but you also finance large purchases to well-qualified buyers and have a generous rewards program. When customers log in to your website, you gather personal information (e.g., name, email address, cell number, etc.). In order to participate in the rewards…
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