Privacy Law and Privacy Regulations

A federal court suggests that merely providing a phone number to a caller may constitute express consent under the TCPA for robocalls, potentially opening the door for widespread automated calling practices in the GenAI era. The ruling in Smith v. Examworks addresses whether consent must specifically authorize robocalls or if general consent to be called is sufficient, with significant implications for telemarketing compliance.

California has shut down one increasingly popular theory of website-tracking liability. With Governor Gavin Newsom’s signature, SB 690 amends the California Invasion of Privacy Act (“CIPA”) and eliminates the private right of action under Section 638.51 for pen-register and trap-and-trace claims involving websites, online applications, and mobile applications. Enforcement of Section 638.51 will now rest solely with the California Attorney General’s Office.

Governor Gavin Newsom has signed Assembly Bill (AB) 1331, which takes effect January 1, 2027, and adds Part 5.8 to the California Labor Code (beginning at Section 1560). The law imposes new limits on workplace surveillance tools, requiring employers to reassess monitoring practices, privacy boundaries, and compliance controls.

On January 1, 2026, Texas’s newest law addressing the growing issues of data privacy and the use of Artificial Intelligence went into effect. The Texas Responsible Artificial Intelligence Governance Act (TRAIGA) was passed by the 89th Texas Legislature and signed into law by Gov. Greg Abbott in 2025.

California has enacted the nation's most comprehensive online child safety legislation, banning addictive social media features for minors under 16, establishing strict companion chatbot regulations, and imposing enhanced civil penalties for platforms that harm children. Companies operating social media platforms or chatbots accessible to California children must now assess their products, audit features, and prepare compliance programs ahead of the laws' effective dates.

California has shut down one increasingly popular theory of website-tracking liability. With Governor Gavin Newsom’s signature, SB 690 amends the California Invasion of Privacy Act (“CIPA”) and eliminates the private right of action under Section 638.51 for pen-register and trap-and-trace claims involving websites, online applications, and mobile applications. Enforcement of Section 638.51 will now rest solely with the California Attorney General’s Office.