Christin McMeley

Christin McMeley

Davis Wright Tremaine LLP

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UPDATE: Third Circuit Affirms FTC’s Data Security Authority in Wyndham

The U.S. Court of Appeals for the Third Circuit released its much-anticipated ruling in Federal Trade Commission v. Wyndham Worldwide Corp. on August 24, 2015, unanimously upholding the FTC’s authority to regulate companies’...more

8/27/2015 - Credit Cards Cyber Attacks Cyber Crimes Cybersecurity Data Breach Data Protection Data Security Debit Cards Fraudulent Charges FTC FTC Act FTC v Wyndham Hackers Motion to Dismiss Passwords Popular Property Managers Section 5 Unfair or Deceptive Trade Practices Wyndham

Industry Players Weigh In on Spokeo

A few months ago, we reviewed the U.S. Supreme Court’s decision to grant certiorari in Spokeo, Inc. v. Robins, and the implications that a ruling in the case will have on the landscape of litigation under privacy...more

8/7/2015 - Article III Certiorari Class Action Putative Class Actions SCOTUS Spokeo Spokeo v Robins Standing TCPA VPPA

The Fingerprint File Doesn’t Have to Bring You Down: NAI Offers Advertisers Guidance on Digital Fingerprinting & Location...

Advertisers who use tools such as location data and newer non-cookie technologies to deliver interest-based advertising must carefully balance the use of those tools with consumer privacy. To achieve this balance, the Network...more

8/4/2015 - Advertising Code of Conduct Compliance Cookies Data Collection Internet Internet Marketing Online Advertisements Opt-Outs Websites

FCC Chairman Issues Fact Sheet Announcing Proposed Omnibus Declaratory Rulings to Address TCPA Petitions

On Wednesday, May 27, 2015, the FCC released a Fact Sheet announcing that Chairman Wheeler circulated a proposal to the other Commissioners for resolution of two dozen pending petitions seeking clarification of the FCC’s...more

5/29/2015 - Class Action Declaratory Judgments FCC Privacy Laws Robocalling TCPA Telecommunications

Nevada Expands PI Definition under Data Breach Law

Becomes the fifth state to amend its data breach statute since January 2015 The definition of “personal information” (“PI”) just got a little bit bigger in the Silver State. On May 13, Nevada Governor Brian Sandoval signed...more

5/28/2015 - Data Breach Data Collection Driver's Licenses Encryption Healthcare PCI-DSS Standard Personally Identifiable Information Privacy Laws

FCC Releases Enforcement Advisory – Tells Broadband Providers to Take “Reasonable, Good Faith” Steps to Protect Consumer Privacy...

Come June 12, unless stayed by a federal court, broadband Internet service providers will be subject to expanded requirements to protect consumer privacy and new limitations on the use of customer data under the FCC’s recent...more

5/27/2015 - Broadband Enforcement Guidance FCC ISPs Open Internet Rules

Supreme Court Grants Cert in Campbell-Ewald v. Gomez

In a move that may greatly impact litigation under the Telephone Consumer Privacy Act (TCPA) and potentially other acts that provide statutory damages for violations, the high court will hear arguments in a case questioning...more

5/21/2015 - Article III Campbell Ewald v Gomez Certiorari Class Action SCOTUS TCPA

North Dakota Focused on Privacy and Information Security; AG Wants to Know if You’ve Been Breached

Come August 1, North Dakota’s Attorney General will expect to hear from you if your company suffers a breach of computerized data affecting more than 250 persons. On April 13 North Dakota Governor Jack Dalrymple signed S....more

5/20/2015 - Amended Legislation Attorney Generals Breach Notification Rule Data Breach Personally Identifiable Information School Districts

Self-Regulatory Ad Programs Get Updated with Enforcement of Mobile Guidance to Begin Sept. 1

The digital advertising industry’s decision to start enforcing its self-regulatory principles will mean that mobile platform advertisers and other entities will face additional consumer notification, data use, and data...more

5/18/2015 - Advertising Data Collection Digital Advertising Alliance Mobile Devices

Will Class Actions Have a Leg to Stand on After Spokeo?

In essence, the question presented in Spokeo is whether a statutory violation, without more, satisfies the injury requirements for Article III standing purposes. Should the Court rule in Spokeo, Inc.’s favor when it hears the...more

5/4/2015 - Corporate Counsel FCRA Federal Jurisdiction Imminent Harm Popular Private Right of Action SCOTUS Spokeo v Robins Standing Statutory Damages Young Lawyers

Supreme Court Grants Cert in Spokeo v. Robins

On April 27 the United States Supreme Court granted certiorari in Spokeo, Inc. v. Robins, setting the stage for the high court to resolve a critical standing question that is an issue in almost all online privacy cases:...more

4/29/2015 - Article III Certiorari FCRA Federal Jurisdiction Private Right of Action SCOTUS Spokeo v Robins Standing

FCC Announces Broadband Consumer Privacy Workshop – April 28

Commission makes good on Chairman Wheeler’s promise following adoption of new Net Neutrality rules The Federal Communications Commission recently announced that will hold a public workshop on April 28, exploring the FCC’s...more

3/31/2015 - Broadband FCC Net Neutrality Privacy Policy Public Meetings

FCC Applies Section 222 to BIAS Providers, but Delays Specialized Rules

The Order does not forbear from applying Section 222 of the Act to broadband Internet access service (BIAS) providers. It did, however, forbear from applying its existing rules implementing Section 222, in recognition that...more

3/18/2015 - Broadband Data Collection Enforcement FCC Personally Identifiable Information

Appellate Courts Being Drawn Into VPPA Fray

Last week the Third and Eleventh Circuit Courts of Appeals assigned case numbers to the appeals of In re Nickelodeon Privacy Litigation and Locklear v. Dow Jones & Co., Inc., two recently dismissed class actions in which...more

3/12/2015 - Appeals Class Action Dow Jones Hulu Nickelodeon Personally Identifiable Information Television Broadcast Stations VPPA

Chairman Wheeler Says the FCC Didn’t Just Fall Off the Turnip Truck – It Has Experience with Protecting Consumer Privacy, Too

Tuesday night the Center for Democracy & Technology held its annual dinner (a.k.a. the “Tech Prom”) in Washington, D.C., where  FCC Chairman Tom Wheeler was featured as the keynote speaker. Wheeler’s remarks came on the heels...more

3/12/2015 - FCC Internet Open Internet Rules Privacy Policy

Annual FCC CPNI Certification Due by March 1, 2015; Potential Title II Reclassification Could Soon Expand CPNI Obligations to...

This is to remind our clients that, pursuant to 47 U.S.C. § 222(c), the Federal Communications Commission (FCC) requires every telecommunications and interconnected VoIP service provider (including wireless, cable telephony,...more

2/16/2015 - Customer Proprietary Network Information (CPNI) Data Brokers Data Protection Data-Sharing FCC Telecommunications VoIP

Employers: What the Anthem Breach Means to You

On Feb. 4, 2015, Anthem announced a data breach involving the personal information of more than 80 million individuals resulting from what it characterized as a sophisticated, targeted cyber-attack. Group health plans may be...more

2/10/2015 - Anthem Insurance Best Practices Breach Notification Rule Corporate Counsel Cyber Attacks Cybersecurity HIPAA Personally Identifiable Information

Quoth the Maven: “Without More!” Federal Judge Dismisses Dow Jones VPPA Class Action, While Hulu Parties Square off Over...

A Growing Chorus of Federal Courts Finds User IDs, by themselves, Do Not Count as Personally Identifiable Information under the VPPA Recently, a federal district judge joined a number of his colleagues around the country who...more

1/30/2015 - Advertising Class Action Cookies Dismissals Dow Jones Facebook Hulu Online Advertisements Personally Identifiable Information Putative Class Actions Social Media VPPA

When Plaintiffs Try to Fit Square Pegs in Round Holes – U.S. District Court Ends VPPA, State Law Class Action Against Viacom,...

On Tuesday, Jan.20, New Jersey Federal District Judge Stanley R. Chesler dismissed with prejudice the last remaining allegations in a multidistrict class action against Viacom and Google, formally ending plaintiffs’ suit...more

1/30/2015 - Children's Online Games Class Action Dismissal With Prejudice Google Multidistrict Litigation Online Videos Parental Consent Viacom VPPA

New FTC Report on IoT Maintains Need for Baseline Privacy Legislation and Begins to Recognize Limitations of FIPPS in a Connected...

The Federal Trade Commission released its long awaited staff report on privacy and security issues presented by the emerging market for connected devices, also known as, the Internet of Things (“IoT”) (the “Report”) this...more

1/28/2015 - FTC Information Reports Internet of Things Internet Privacy Proposed Standards

Cybersecurity Legislation Focuses on Federal Government Initiatives – Leaves Private Sector Reforms for 2015

One of the few things the parties in Congress can agree upon these days is cybersecurity – at least when it comes to directing the federal government’s cyber activities. In its final days, the 113th Congress reached agreement...more

12/19/2014 - CISA Cybersecurity DHS FISMA Legislative Agendas NIST

California Attorney General Releases Breach Report with Key Findings and Recommendations for Retailers, Financial Institutions and...

California Attorney General Kamala D. Harris has released a “California Data Breach Report,” which presents a series of findings and recommendations based on a review of breaches reported to the Attorney General’s office in...more

10/30/2014 - Best Management Practices Cybersecurity Data Breach Data Protection Financial Institutions Health Care Providers Information Reports Internet Retailers Kamala Harris Retailers

FTC Releases 2014 Privacy and Data Security Update, Touting Its Efforts and Achievements in Protecting Consumer Privacy

Last week, the Federal Trade Commission (FTC) released its 2014 Privacy and Data Security Update, summarizing the FTC’s major enforcement actions, policy initiatives, rules, reports, workshops, and outreach efforts in the...more

7/2/2014 - Cybersecurity Data Protection Enforcement Enforcement Actions FTC Privacy Laws

Managing Risk in an Inhospitable Environment: The Restaurant and Hospitality Industries are an Alluring Destination for Cyber...

The recent onslaught of cybersecurity incidents and payment card thefts dominate daily headlines and have captured the nation’s attention—from the diner whose credit card was compromised during a data breach to the President...more

6/20/2014 - Cyber Attacks Data Breach Data Protection Hospitality Industry Popular Restaurant Industry Risk Management

“Getting to Know You, Getting to Know All About You…” FTC Data Brokers Report Calls for More Industry Transparency, Regulation in...

“You may not know them, but data brokers know you,” Federal Trade Commission (FTC) Chairwoman Edith Ramirez said when she announced the release of the Commission’s newest report on the data broker industry. And in the FTC’s...more

6/20/2014 - Data Brokers FTC Information Reports Personally Identifiable Information Risk Mitigation Transparency

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