Hunton Andrews Kurth writes:
On January 24, 2022, a group of state attorneys general (Indiana, Texas, D.C. and Washington) (the “State AGs”) announced their commitment to ramp up enforcement work on “dark patterns” that are used to ascertain consumers’ location data. The State AGs created a plan to initiate lawsuits alleging that consumers of certain online services are falsely led to believe that they can prevent the collection of their location data by changing their account and device settings, when the online services do not, in fact, honor such settings. The State AGs have alleged that this practice constitutes a deceptive and unlawful trade practice under applicable state consumer protection law. The State AGs’ announcement highlights the underlying concern that consumers may be provided with a choice to opt out of location tracking but still have their location data made accessible to certain online service providers.
Read more at Privacy & Information Security Law Blog.
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