What You Don’t Know Can Hurt You: New Developments in State Privacy Laws, Litigation, and Enforcement

As of the beginning of 2025, 20 states have enacted comprehensive privacy legislation. Privacy is top of mind for state regulators and the Plaintiff’s bar alike. The last 18 months have ushered in novel privacy tort theories and led to an explosion of class action claims that incorporate antiquated laws and unfair and deceptive claims, sitting alongside claims of invasion of privacy through everyday activities such as browsing a website. The tide of litigation has created duel compliance regimes—one regulatory in nature (such as the opt-out requirement under most state laws for cross-context behavioral advertising) and the other by virtue of what courts are considering to be violative of non-privacy specific laws creating a “wild west” of privacy tort litigation (i.e. requiring an opt-in for the same types of cross-context behavioral advertising regulated under state law). Join us as we dissect the multifaceted issues that companies are facing as they work to comply with privacy regulation and mitigate litigation.

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Questions: Kathleen Smits at charlotteAED@accglobal.com