David McDowell

David McDowell

Morrison & Foerster LLP

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The FTC Weighs in on In-Store Tracking. Or Does It?

In law school, everybody learns the adage that hard cases make bad law. When it comes to the Federal Trade Commission, a better aphorism might be, “easy cases make new law.” The FTC’s recent settlement with Nomi Technologies...more

5/28/2015 - FTC Mobile Devices Notice Requirements Opt-Outs Privacy Laws Privacy Policy Retail Market Retail Tracking Section 5 Unfair or Deceptive Trade Practices

What The Nomi Case Could Mean For Retail Tracking

In law school, everybody learns the adage that hard cases make bad law. When it comes to the Federal Trade Commission, a better aphorism might be, “easy cases make new law.” The FTC’s recent settlement with Nomi Technologies...more

5/20/2015 - Consent FTC Mobile Apps Mobile Devices Prior Express Consent Retailers Section 5 Web Tracking

California AG Initiates Supply Chain Act Disclosure Review; Enforcement Actions Likely to Follow

The California Attorney General has kicked off a campaign to ensure that companies are complying with their obligations under the state’s Transparency in Supply Chains Act of 2010. On April 1, 2015, the AG’s office sent...more

4/14/2015 - Attorney Generals Chief Compliance Officers Disclosure Requirements Human Trafficking Strategic Enforcement Plan Transparency in Supply Chains Act

A Gift for New Jersey Gift Card Issuers and Retailers: Consumer Data Collection Requirements Eliminated by S.B. 2235

Retailers and issuers of gift cards in New Jersey recently received welcome news: they no longer have to worry about looming consumer data collection requirements. Under existing law, beginning in July 2016, gift card (also...more

3/3/2015 - Data Collection Gift-Cards Issuers Personally Identifiable Information Retailers

FTC Warns Advertisers to Check the Fine Print in “Operation Full Disclosure”; Shot Across the Bow Could Signal Law Enforcement...

The Federal Trade Commission (FTC) announced this week that it sent warning letters to more than 60 national advertisers regarding the inadequacy of disclosures in their television and print ads. The letters are part of an...more

9/29/2014 - Advertising Disclosure Requirements Enforcement FTC Media Online Advertisements Television Programming

Socially Aware - Volume 5, Issue 5 - August 2014

In This Issue: - Data for the Taking: Using the Computer Fraud and Abuse Act to Combat Web Scraping - Google Glass Into Europe: A Small Step or a Giant Leap? - Drugs and the Internet: FDA Distributes New...more

8/19/2014 - ABC v Aereo Accessibility Rules Computer Fraud and Abuse Act DMCA EU FDA Google Glass Prescription Drugs Social Networks Web Scraping Website Accessibility

Websites Hit with Demand Letters on Accessibility Issues Despite Courts' Rejection of Claim

In recent weeks, numerous businesses have received letters asserting that their websites are not accessible to persons with disabilities, in violation of the Americans with Disabilities Act and California’s Unruh Act. These...more

6/10/2014 - Accessibility Rules ADA Disability Disability Discrimination Redbox Unruh Civil Rights Act

Websites Hit With Demand Letters on Accessibility Issues Despite Courts’ Rejection of Claim

In recent weeks, numerous businesses have received letters asserting that their websites are not accessible to persons with disabilities, in violation of the Americans with Disabilities Act and California’s Unruh Act. These...more

6/9/2014 - Accessibility Rules ADA Disability Redbox Unruh Civil Rights Act Websites

A Consumer Protection Ruling That Actually Protects Consumers: Fraud Prevention Allowed Under California’s Song-Beverly Act

A California court ruled last week that retailers could lawfully collect ZIP code information to reduce credit card fraud, efforts that result in lower prices for consumers. Following the California Supreme Court’s decision...more

6/27/2013 - Credit Cards Data Collection Fraud Penalties Personally Identifiable Information Retailers Song-Beverly Credit Card Act Williams-Sonoma ZIP Codes

It’s Déjà Vu All Over Again: Massachusetts Allows Actions for Violation of Privacy Rights Based on Collection of ZIP Codes

Massachusetts appears to have followed California’s lead in opening a litigation floodgate over ZIP code collection at the point of sale. In 2011, the California Supreme Court held in Pineda v. Williams-Sonoma Stores, Inc.,...more

3/19/2013 - Credit Cards Data Protection Marketing Personally Identifiable Information ZIP Codes

You Can’t Make a Square Peg Fit in a Round Hole: California Supreme Court Holds Online Purchases of Electronically Downloadable...

Handing a victory to online retailers, on February 4, 2013, the California Supreme Court held in a split decision that online transactions involving electronically downloadable products fall outside the scope of the...more

2/6/2013 - Apple Credit Cards E-Commerce Electronically Downloaded Products Internet Retailers Personally Identifiable Information Song-Beverly Credit Card Act ZIP Codes

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