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Legal & Privacy Brief

2026-08-14

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Show Notes - 2026-08-14

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Today: Atrium Health settles $2.1M pixel tracking class action while FTC sues Hims & Hers over unauthorized prescription charges. The Supreme Court expands Fourth Amendment protections to geofence location data in Chatrie v. United States. Germany moves to grant intelligence agencies hacking and sabotage powers, and Brazil suspends Discord livestreaming after teen suicide incident exposed child safety failures.

Enforcement Actions

Atrium Health data privacy class action settlement

Atrium Health agreed to a $2.1 million settlement to resolve claims it used pixel tracking technology that disclosed personal health information without patient consent. The settlement addresses violations of patient privacy rights through third-party tracking tools embedded on the health system's website and patient portals.

FTC lawsuit alleges Hims & Hers charged consumers for unwanted prescriptions

The Federal Trade Commission filed suit against Hims & Hers Health for charging consumers for prescription medication subscriptions they never agreed to purchase and deceiving customers about the company's billing practices. The complaint alleges unfair and deceptive trade practices in violation of the FTC Act.

Litigation Updates

Tesla idle fees class action settlement

Tesla settled a class action over allegations it charged "idle fees" to customers who purchased vehicles with free lifetime Supercharging. Class members can claim between $10 and $350 depending on the fees charged, resolving breach of contract and consumer protection claims.

NYC DOE sued over alleged failures to protect students with disabilities from abuse

A District 75 student filed a proposed class action against the New York City Department of Education alleging systemic failures to adequately investigate reports of physical and verbal abuse of students with disabilities by teachers and school employees. The complaint alleges violations of constitutional due process rights and federal disability protections.

Regulatory Guidance

Supreme Court expands protections for digital data (Chatrie v. United States)

The Supreme Court held in Chatrie v. United States that individuals have a reasonable expectation of privacy in digital location history collected through Google's location tracking services, extending Carpenter v. United States protections to geofence data. The Court concluded that geofence location data spanning even hours is protected under the Fourth Amendment due to its precision and retrospective nature, requiring law enforcement to obtain a warrant before accessing such data from technology companies.

Germany moves to give spy agencies hacking and sabotage powers

Germany's cabinet approved legislation granting intelligence agencies authority to hack foreign systems, sabotage adversaries' supply chains, and feed false information to domestic extremists. The 732-page bill requires telecommunications carriers and digital service providers to assist intelligence agencies, with enforcement through fines or service suspension. The legislation prohibits measures intended to endanger life or physical safety and requires the BND president to declare formally that a named foreign power persistently threatens German interests before conducting disruption operations.

Brazil orders Discord to suspend livestreaming after teen suicide

Brazil's National Data Protection Authority ordered Discord to suspend its Go Live livestreaming feature following a 13-year-old girl's death during a broadcast where she was allegedly encouraged to harm herself. The ANPD found "robust evidence" Discord failed to take reasonable steps to protect children from harmful content and criticized the platform's March decision to add end-to-end encryption to livestreams, which limited real-time content moderation capabilities.

Trump administration launches private sector offensive cyber operations program

A presidential memorandum authorizes private companies to conduct offensive cyber operations against transnational cybercrime organizations under DOJ and DHS oversight. Companies must obtain written approval before operations, which cannot result in loss of life or rise to the level of armed attack under international law. The program aims to combat cybercrime that cost Americans $20.8 billion in reported losses last year.

Privacy Developments

Flock Safety tightens privacy controls amid officer abuse scandals

Flock Safety announced mandatory adoption of its Audit Assistance feature by year-end following revelations that at least 50 law enforcement officers have been charged with misusing the company's license plate reader technology to stalk individuals. The company reduced default data retention from 30 to 7 days and will require officers to input case codes connected to investigations when conducting searches. Multiple jurisdictions discovered Flock reactivated cameras after cities voted to shut down systems, including Littleton, Massachusetts, and Menominee, Wisconsin.

ICE surveillance program targets online critics

Immigration and Customs Enforcement deployed surveillance contractors to monitor social media for criticism of the agency, sending hundreds of subpoenas to platforms including Reddit to unmask anonymous critics. DHS administrative subpoenas requested user information for accounts posting "content critical of federal actions." The program has ensnared U.S. citizens and activist groups, with agents tracking down Americans at work to acknowledge their online speech "may" be a crime.

Policy Changes

Trump mail-in voting executive order pending Supreme Court review

The Trump administration requested expedited Supreme Court review of an executive order restricting mail-in voting after 23 states and the District of Columbia challenged the order. The administration filed an emergency docket application seeking immediate implementation while lower court proceedings continue.

Compliance Takeaways