April 19, 2021

Volume XI, Number 109

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April 16, 2021

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Florida Privacy Legislation May Go Forward Without Private Right of Action

As you know at CPW, we’re all about covering developments in data privacy litigation.  Florida is one of the states currently contemplating new privacy legislation with a broad private right of action for consumers (check out our “final four” coverage discussing it here and an earlier overview of the bills here).  Well, this week Florida’s privacy bills (SB 1734 and HB 969) hit an unexpected bump with a “strike all” Senate Rules Committee amendment proposed to SB 1734.  This “friendly” amendment would the replace SB 1734 with a new version—notably one that drops the private right of action provision.

In support of the amendment, concerns were expressed that the previously proposed private right of action with statutory damages would make Florida a “cottage industry for plaintiffs’ attorneys with gotcha lawsuits,” as seen from recent litigation activity in Illinois (over 1,000 lawsuits filed under BIPA) and California (76 class action lawsuits filed under CCPA since start of 2020).  For the proceedings before the Senate Rules Committee check it out here (discussion of private right of action starts at 56 minutes in).

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© Copyright 2021 Squire Patton Boggs (US) LLPNational Law Review, Volume XI, Number 97
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About this Author

Kristin L. Bryan Litigation Attorney Squire Patton Boggs Cleveland, OH & New York, NY
Senior Associate

Kristin Bryan is a litigator experienced in the efficient resolution of contract, commercial and complex business disputes, including multidistrict litigation and putative class actions, in courts nationwide.

She has successfully represented Fortune 15 clients in high-stakes cases involving a wide range of subject matters.

As a natural extension of her experience litigating data privacy disputes, Kristin is also experienced in providing business-oriented privacy advice to a wide range of clients, with a particular focus on companies handling customers’ personal data. In this...

216-479-8070
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