Montana Amends Consumer Data Privacy Act to Broaden Applicability and Enhance Protections for Minors

by Lucas Schaetzel, Benesch - JD Supra

Montana’s amendments also remove the cure period for alleged violations beginning in October, provide prescriptive methods through which businesses have to provide consumers with targeted advertising opt out rights, and increase the disclosures necessary in privacy notices.

On May 8th, Montana’s Governor signed new amendments to Montana’s Consumer Data Privacy Act that expand its applicability by decreasing the threshold triggers and narrowing existing exemptions and removing the existing 60-day cure period that businesses were previously granted for alleged violations. The cure period sunsets on October 1, 2025.

Read more: https://www.jdsupra.com/legalnews/montana-amends-consumer-data-privacy-7595829/

Virginia will allow for some criminal records to be sealed next year

by Charlotte Rene Wood, Virginia Mercury - Daily News-Record

RICHMOND — Next summer, certain people with past convictions will be eligible to apply for their criminal records to be sealed — meaning long-past convictions won’t show up on background checks.

This can help people who have been formerly incarcerated and rehabilitated get a fresh start when applying for jobs, loans or apartments. The process stems from a 2021 law that underwent several years of workshopping before its delayed implementation.

Read more: https://www.dnronline.com/news/social_issues/virginia-will-allow-for-some-criminal-records-to-be-sealed-next-year/article_b7caa350-3763-5a81-9f95-3dab93f98b47.html

Illinois Anti-Discrimination Law to Address AI Goes Into Effect on 1 January 2026

by K&L Gates LLP, Claire Healy, Kathleen Parker, Erinn Rigney - JD Supra

Effective 1 January 2026, Illinois House Bill 3773 (HB 3773) amends the Illinois Human Rights Act, (IHRA) to expressly prohibit employers from using artificial intelligence (AI) that “has the effect of subjecting employees to discrimination on the basis of protected classes.” Specifically, Illinois employers cannot use AI that has a discriminatory effect on employees, “[w]ith respect to recruitment, hiring, promotion, renewal of employment, selection for training or apprenticeship, discharge, discipline, tenure, or the terms, privileges, or conditions of employment.”

Read more: https://www.jdsupra.com/legalnews/illinois-anti-discrimination-law-to-3367364/?origin=CEG&utm_source=CEG&utm_medium=email&utm_campaign=CustomEmailDigest&utm_term=jds-article&utm_content=article-link

Tennessee Shares New Guide for Upcoming Consumer Privacy Law

The law gives people more control over how businesses collect, use, and store their personal information

The state attorney general’s office has released a new guide to help consumers and businesses understand a new state law that protects personal data. The Tennessee Information Protection Act will take effect on July 1.

Read more: https://www.nfib.com/news/news/tennessee-shares-new-guide-for-upcoming-consumer-privacy-law/

Washington’s Amended Fair Chance Act Will Impose Additional Obligations on Covered Employers

by Rod Fliegel, Chad Kaldor - Littler

Washington State has an existing fair chance law (discussed here) but the statute, as amended by HB 1747, will impose additional obligations on employers that consider criminal records when vetting job applicants or employees. The amended statute takes effect for most employers in July 2026 and so employers should plan to update their criminal record screening policies and standard forms of notice.1

Read more: https://www.littler.com/news-analysis/asap/washingtons-amended-fair-chance-act-will-impose-additional-obligations-covered

Getting Clear on Compiling Random Drug Testing Pools in Iowa

by Kathryn J. Russo of Jackson Lewis P.C. - The National Law Review

The Iowa Supreme Court recently clarified that a compliant random drug testing program under Iowa law requires excluding those who are not scheduled to work the day of the testing from the pool of employees who could be selected. Hampe v. Charles Gabus Motors Inc. d/b/a Toyota of Des Moines et ano., No. 22-1599 (Iowa Sup. Ct. Apr. 11, 2025).

Read more: https://natlawreview.com/article/getting-clear-compiling-random-drug-testing-pools-iowa

Wisconsin Supreme Court Tackles Thorny Contours of Arrest Record Discrimination

by Casey Kaiser, William Simmons, Littler - JD Supra

At a Glance

• Wisconsin Supreme Court took a broad view of what constitutes an arrest record for purposes of the state’s employment discrimination law.

• Applicants and employees with non-criminal arrests can be protected under the anti-discrimination provisions, and exceptions to the law’s protections are likely to be interpreted narrowly.

Read more: https://www.jdsupra.com/legalnews/wisconsin-supreme-court-tackles-thorny-3201077/?origin=CEG&utm_source=CEG&utm_medium=email&utm_campaign=CustomEmailDigest&utm_term=jds-article&utm_content=article-link

Utah scales back reach of generative AI consumer protection law

by Davis Polk

The Utah legislature amended its Artificial Intelligence Policy Act to focus on “high-risk” generative AI interactions and to establish a new safe harbor.

Background

In March 2024, Utah became the first state to enact legislation specifically targeting generative AI (Gen AI).  The Utah Artificial Intelligence Policy Act (UAIPA), which took effect on May 1, 2024, imposed certain disclosure obligations on entities using Gen AI tools to interact with their customers and confirmed that those entities cannot avoid liability under Utah consumer protection law because the violative statement or act derived from Gen AI.  The UAIPA also sought to encourage AI innovation by establishing the Office of Artificial Intelligence Policy to administer an AI Learning Laboratory Program, consult with businesses and other stakeholders about potential regulatory proposals, and grant temporary “regulatory mitigations” to entities developing AI systems.

Read more: https://www.davispolk.com/insights/client-update/utah-scales-back-reach-generative-ai-consumer-protection-law

Mexico’s New Personal Data Protection Law: Considerations for Businesses

by Arturo Pérez-Estrada, Rocío Olea Salgado, Luis Cortés Panameño, Víctor Manuel Frías Garcés, Rodolfo Flores-Urquiza Sosa of Greenberg Traurig, LLP - The National Law Review

On March 20, 2025, Mexico’s new Federal Law on the Protection of Personal Data held by Private Parties (FLPPDPP) published in the Official Gazette of the Federation. Effective March 21, the new law replaces the FLPPDPP published in July 2010.  

Among the key changes the decree and new FLPPDPP introduce is the dissolution of the National Institute of Transparency, Access to Information, and Protection of Personal Data (INAI). Before the decree’s publication, INAI served as an autonomous regulatory and oversight authority for matters related to transparency, information access, and personal data protection. As of March 21, 2025, these responsibilities will be transferred to the Ministry of Anticorruption and Good Governance (Ministry), a governmental body reporting directly to the executive branch. The Ministry will now supervise, oversee, and regulate personal data protection matters.

Read more: https://natlawreview.com/article/mexicos-new-personal-data-protection-law-considerations-businesses

Colorado’s HB1291: A Case of Excessive Regulation That Hurts More Than It Helps

by Jillian Snider - R Street

Although Colorado’s HB1291 (the “Transportation Network Company Consumer Protection” bill) is marketed as a public safety initiative, a closer look reveals a heavy-handed regulatory approach that threatens economic opportunity, consumer choice, and civil liberties. While rideshare safety is important, this bill introduces burdensome and unnecessary directives that could force businesses out of the state, drive up costs for riders, and disproportionately impact low-income workers seeking flexible employment.

Read more: https://www.rstreet.org/commentary/colorado-transportation-bill-is-a-case-of-excessive-regulation-that-hurts-more-than-it-helps/