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Lindsey Tonsager helps national and multinational clients in a broad range of industries anticipate and effectively evaluate legal and reputational risks under federal and state data privacy and communications laws.

In addition to assisting clients engage strategically with the Federal Trade Commission, the U.S. Congress, and other federal and state regulators on a proactive basis, she has experience helping clients respond to informal investigations and enforcement actions, including by self-regulatory bodies such as the Digital Advertising Alliance and Children’s Advertising Review Unit.

Ms. Tonsager’s practice focuses on helping clients launch new products and services that implicate the laws governing the use of endorsements and testimonials in advertising and social media, the collection of personal information from children and students online, behavioral advertising, e-mail marketing, artificial intelligence the processing of “big data” in the Internet of Things, spectrum policy, online accessibility, compulsory copyright licensing, telecommunications and new technologies.

Ms. Tonsager also conducts privacy and data security diligence in complex corporate transactions and negotiates agreements with third-party service providers to ensure that robust protections are in place to avoid unauthorized access, use, or disclosure of customer data and other types of confidential information. She regularly assists clients in developing clear privacy disclosures and policies―including website and mobile app disclosures, terms of use, and internal social media and privacy-by-design programs.

On January 7, the Federal Trade Commission (“FTC”) reached a proposed settlement with Tapjoy, a California-based company that operates an advertising platform within mobile gaming applications.  According to its complaint, the FTC alleges that Tapjoy deceived consumers by failing to provide in-game rewards it promised for completing actions associated with third-party advertisements.
Continue Reading FTC Reaches Settlement with Tapjoy for Allegedly Deceiving Consumers About In-Game Rewards

Washington State Hearing on Latest Privacy Bill Highlights Competing Interests For Best Practices and Data Minimization 

On January 14, 2020, Washington’s State Senate Committee on Environment, Energy & Technology received public testimony about Senate Bill 5062, the “Washington Privacy Act.”  Representatives from trade associations, the Attorney General’s Office, and civil rights groups offered recommendations to eliminate perceived loopholes and clarify bill provisions.

This post highlights recurring issues from the public hearing.
Continue Reading Washington State Hearing on Latest Privacy Bill Highlights Competing Interests For Best Practices and Data Minimization

Judge Freeman of the U.S. District Court for the Northern District of California dismissed a class action against Google and several YouTube channel owners alleging various violations under California state law.  Plaintiffs alleged Defendants infringed their children’s privacy and consumer rights by collecting personal information and delivering targeted advertisements while they viewed child-directed YouTube videos.  However, the court found that Plaintiffs’ claims were expressly preempted by the federal Children’s Online Privacy Protection Act (“COPPA”), and dismissed the case with leave to amend.
Continue Reading California District Court Tosses Kids’ Data Collection Suit, Finds COPPA Preempts State Law

Last year, Californians passed proposition 24, also known as the California Privacy Rights Act (“CPRA”). That law makes several changes to the California Consumer Privacy Act (“CCPA”), including some that relate to an organization’s cybersecurity practices.
Continue Reading Four Key Cyber Takeaways from The CPRA

Yesterday, the California Attorney General (“AG”) proposed a fourth set of modifications to the California Consumer Privacy Act regulations. These modifications build on the third set of proposed regulations released by the AG in October, which we discussed here. Interested parties have until December 28 to submit comments in response.
Continue Reading California Attorney General Releases Fourth Set of Proposed Modifications to California Consumer Privacy Act Regulations

Voters in California approved Proposition 24, which updates the California Consumer Privacy Act (“CCPA”) just a few months after the landmark regulations implementing the privacy law went into effect.  As we have previously explained, the California Privacy Rights Act (“CPRA”) will change the existing CCPA requirements in a number of ways, including limiting the sharing of personal information for cross-context behavioral advertising and the use of “sensitive” personal information, as well as creating a new correction right.  It also establishes a new agency to enforce California privacy law.  The key provisions of the bill will not go into effect until January 1, 2023, providing much-needed time to clarify the details and for businesses to adjust their CCPA compliance approaches to account for the additional requirements.

Continue Reading Californians Approve Ballot Initiative Modifying the California Consumer Privacy Act

On Monday, the California Attorney General (“AG”) proposed a third set of modifications to the recently enacted California Consumer Privacy Act (“CCPA”) regulations.  Interested parties have until October 28 to file comments in response.

These proposed modifications are the latest effort in an extensive rulemaking process that has lasted more than a year.  Most recently, on August 14, the California Office of Administrative Law (“OAL”) formally approved the AG’s initial set of CCPA regulations, which went into effect immediately.  In approving the regulations, the OAL deleted five provisions that had been included in the version the AG submitted in June, but indicated that the AG could revise and resubmit those subsections for approval in the future.  The latest modifications are largely focused on reviving several of these last-minute removals.
Continue Reading California Attorney General Releases New Proposed Modifications to California Consumer Privacy Act Regulations

The FTC recently updated Complying with COPPA: Frequently Asked Questions, the set of FAQs meant to provide informal guidance for complying with the Children’s Online Privacy Protection Act and the Commission-issued COPPA Rule.  In an accompanying blog post, the FTC staff emphasized that the revisions to the FAQs “don’t raise new policy issues” and that they were implemented primarily to streamline and reorganize the content “to make the document easier to use.”  While the new FAQs generally only reinforce concepts from recent key settlements, enforcement policy positions, and separately-issued regulatory guidance, some of the updates also provide helpful additional context around specific issues such as mixed audience sites and services, age gates, and common consent mechanisms.
Continue Reading Federal Trade Commission Updates, Streamlines COPPA FAQs

On our fourth episode of our Inside Privacy Audiocast, we are aiming our looking glass at the California Privacy Rights Act, and are joined by guest speaker Jacob Snow, Technology and Civil Liberties Attorney with the American Civil Liberties Union of Northern California.

In September 2019, Alastair Mactaggart, Board Chair and Founder of Californians for