Data Privacy and Consumer Protections in 2025

Duane Morris partner Michelle Hon Donovan shares insight with NBC News about the privacy laws that take effect this year.

Eight states will have privacy laws take effect this year: Delaware, Iowa, Nebraska, New Hampshire, New Jersey, Maryland, Minnesota and Tennessee. The laws impose stricter obligations on businesses handling personal data and grant consumers the right to more transparency on how their data is collected, used and shared, according to Donovan. Not all companies will be required to comply, as each state has its own requirements and thresholds, such as Nebraska, which exempts small businesses.

Donovan said that before 2020, there were few laws across the country addressing privacy except for online privacy laws in a handful of states. Federal laws mostly focus on certain industries, she added, like the Family Educational Rights and Privacy Act and the Health Insurance Portability and Accountability Act.

Read the full article on the NBC News website.

Seller Beware: Recent Lawsuits Under N.J. Truth-in-Consumer Contract, Warranty and Notice Act Target E-Commerce Businesses

Online retailers across the United States have one more issue to consider as they prepare for the next sale: a growing number of lawsuits under the New Jersey Truth-in-Consumer Contract, Warranty and Notice Act (TCCWNA) alleging that standard online terms of service agreements on websites violate the New Jersey bar on deceptive notices.

The TCCWNA—N.J.S.A. 56:12-14 et. seq.—was enacted in 1981 to prohibit businesses from using provisions that deceived consumers about their legal rights. The statute provides a private right of action that allows both actual customers and prospective buyers to bring suit against businesses. Businesses that violate the TCCWNA are liable to aggrieved consumers for $100, actual damages, or both, as well as reasonable attorneys’ fees and court costs.

To read the full text of the Alert, please visit www.duanemorris.com.

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The opinions expressed on this blog are those of the author and are not to be construed as legal advice.

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