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

The New York Department of Financial Services, which regulates the business of insurance in New York, has issued guidelines, in the Insurance Circular Letter No. 2 (2021) regarding “Cyber Insurance Risk Framework”, calling on insurers to take more stringent measures in underwriting cyber risks. In the Guidelines, NYDFS cites the 2020 SolarWinds attack as an example of how managing growing cyber risk is “an urgent challenge for insurers.”
Continue Reading New York Regulators Call on Insurers to Strengthen the Cyber Underwriting Process

The New York Department of Financial Services has issued a Cyber Fraud Alert to regulated entities in light of a growing campaign to steal Nonpublic Information, as defined under New York law, from public-facing websites that provide instant quotes for products like auto insurance.
Continue Reading NY Department of Financial Services Issues Cyber Fraud Alert to Regulated Entities Using Instant Quote Websites