On February 14, 2022, Noom Inc., a popular weight loss and fitness app, agreed to pay $56 million, and provide an additional $6 million in subscription credits to settle a putative class action in New York federal court.
Continue Reading Fitness App Agrees to Pay $56 Million to Settle Class Action Alleging Dark Pattern Practices

The New York Office of the Attorney General recently announced the results of an investigation into “credential stuffing,” which uncovered 1.1 million compromised accounts from cyberattacks on 17 well-known companies. The announcement included a “Business Guide for Credential Stuffing Attacks,” detailing the attacks and providing tips for businesses to protect themselves.
Continue Reading New York Attorney General Announces 1.1 Million Accounts Compromised in Credential Stuffing Attacks

On November 10, 2021, the New York City Council passed a bill prohibiting employers and employment agencies from using automated employment decision tools to screen candidates or employees, unless a bias audit has been conducted prior to deploying the tool. The Bill takes effect on January 2, 2023.
Continue Reading NYC to Regulate Artificial Intelligence-Based Hiring Tools

On November 8, 2021, New York Governor Kathy Hochul signed into law A.430/S.2628, which requires private employers with a place of business in New York State to provide their employees prior written notice, upon hiring, of any electronic monitoring, as defined in the Act, to which the employees will be subjected by the employer.
Continue Reading New York State Requires Private Employers to Notify Employees of Electronic Monitoring

As reported on the Hunton Retail Resource Blog, on October 20, 2021, a new wave in the fight against “robocalls” is targeting telemarketing text messages. In the past six months, there has been an uptick in activity at both the state and federal level to reign in telemarketing text messages.
Continue Reading Fight Against Robocalls Is Coming for Telemarketing Text Messages

On October 12, 2021, New Jersey Acting Attorney General Andrew J. Bruck and the Division of Consumer Affairs announced a settlement with Diamond Institute for Infertility and Menopause, LLC over a data breach that compromised the personal information of 14,663 patients, including 11,071 New Jersey residents. The Division of Consumer Affairs alleged that the fertility clinic violated the New Jersey Consumer Fraud Act and the federal HIPAA’s Privacy and Security Rules by removing protected health information safeguards.
Continue Reading New Jersey Acting Attorney General Announces Data Breach Settlement with Fertility Clinic

A New York City Council bill amending the New York City Administrative Code to address customer data collected by food delivery services from online orders recently became law. Effective December 27, 2021, the law will permit restaurants to request customer data from third-party food delivery services and permit customers to opt out of the sharing. The law also imposes certain requirements and limitations regarding restaurants’ use and sharing of such data.
Continue Reading New York City to Require Food Delivery Services to Share Customer Data with Restaurants

On May 18, 2021, New York Attorney General (“AG”) Letitia James announced a settlement agreement with Filters Fast LLC (“Filters Fast”) over a data breach that compromised personal information of approximately 324,000 consumers nationwide, including over 16,500 New York state residents. The breach affected purchases made on Filters Fast website for almost a year – from July 16, 2019 to July 10, 2020.
Continue Reading New York AG Settles with Filters Fast After Data Breach