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The Next Wave of Privacy Litigation: The Illinois Genetic Information Privacy Act

Enacted in 1998, Illinois’ Genetic Information Privacy Act (GIPA) governs the confidentiality and use of genetic testing and genetic information by employers and insurers. The statute was designed to prevent employers and...more

Every Scan You Make: The Illinois Supreme Court Rules BIPA Claims Accrue With Each Biometric Data Collection or Disclosure

The Illinois Supreme Court recently opened the floodgates for class actions under the Illinois Biometric Information Privacy Act (BIPA) and created potentially catastrophic exposure for Illinois businesses. In a close 4-3...more

$228M Verdict in First Illinois Biometric Information Privacy Act Trial

After a five-day trial and only an hour of deliberation, the nation’s first trial under the Illinois Biometric Information Privacy Act (BIPA) ended with a bang. The jury found that the defendant, BNSF Railway Company,...more

Illinois Supreme Court Nixes Employer Biometric Privacy Defense

In the latest in a series of setbacks for employers facing claims under the Illinois Biometric Information Privacy Act (BIPA) (740 ILCS 14 et seq.), the Supreme Court of Illinois held last month that the Illinois Workers’...more

Rip Van Wrinkle: The Grandfather of Biometric Laws Awakens

Biometric data is becoming increasingly pervasive in our daily lives—we use it to unlock smartphones, gain entry to entertainment venues, access secured locations, and record time and attendance on the job site....more

The City That Never Peeps? NY City’s Biometric Identifier Information Ordinance Goes Into Effect July 9, 2021

The nation’s latest biometric privacy law will go into effect in New York City this week. What Is the Ordinance? New York City’s new biometrics ordinance goes into effect today, Friday, July 9. The ordinance regulates...more

Illinois Supreme Court Affirms BIPA Lawsuits Are Covered by GL Policies

The deluge of lawsuits brought under the Illinois Biometric Information Privacy Act (BIPA), 740 ILCS 14 et seq. over the past several years has presented a challenge to companies operating in Illinois. Not surprisingly,...more

Supreme Court Narrows TCPA’s Definition of “Autodialer”

In Facebook, Inc. v. Duguid et al., the U.S. Supreme Court overturned the U.S. Court of Appeals for the Ninth Circuit’s interpretation of the Telephone Consumer Protection Act’s (TCPA) definition of “automatic telephone...more

Everalbum Settles FTC Claims Alleging Deceptive Use of Facial Recognition Technology

The Federal Trade Commission (FTC) announced on January 11, 2021, that it had reached a settlement with Everalbum, Inc., the developer of a now-defunct photo storage app called “Ever.” The settlement is the FTC’s first...more

Time to Face the Country’s Strictest Facial Recognition Law

Portland, Oregon’s Facial Recognition Ordinance Goes Into Effect January 1, 2021 Companies that do business in Portland, Oregon may need to add one more item to their holiday to-do list: disable face recognition...more

New Biometrics Lawsuits Signal Potential Legal Risks in AI

In the last week, a new type of BIPA case has emerged that should be of interest to companies involved in using, improving, and developing facial recognition and other artificial intelligence (AI) using photos. Companies that...more

Google Defeats Biometric Privacy Lawsuit on Article III Standing Grounds

Google emerged victorious in Rivera v. Google on December 29, 2018, obtaining a win in the long-running privacy class action involving technology that allows users of the Google Photos service to organize their photos by...more

Managing the Privacy and Data Security Risks of IoT This Holiday Season

As brick-and-mortar retailers seek effective ways of competing with the perceived convenience of online shopping, more and more are turning to the Internet of Things (IoT) to enhance customer engagement, in-store experience,...more

Critical Takeaways From the D.C. Circuit’s Long-Awaited Robocall Ruling

Last Friday, the U.S. Court of Appeals for the District of Columbia Circuit (D.C. Circuit) issued its long-awaited decision in ACA International v. Federal Communications Commission, No. 15-1211 (D.C. Cir. Mar. 16, 2018). The...more

Spokeo Confirms That Alleging a Statutory Violation Is Not Necessarily Enough to Create Standing

In a 6-2 decision, the Supreme Court held that the mere allegation of a statutory violation is not necessarily enough to create Article III standing. Spokeo, Inc. v. Robins, 578 U.S. __, No. 13-1339 (May 16, 2016). Instead,...more

TCPA Litigation Newsletter - April 2015

In This Issue: - TCPA Litigation And Regulatory Interpretation - Class Certification - Settlements - Insurance Coverage - Excerpt from TCPA Litigation And Regulatory...more

Avoid a Class Action Lawsuit Landing in Your Holiday Stocking

The holidays are quickly approaching, and shoppers are expected to spend in excess of $600 billion this season. The holiday season is shaping up to become a winter wonderland for retailers. However, brands that market or...more

FCC Clarifies TCPA Mandates

The FCC last week issued two declaratory rulings interpreting the Telephone Consumer Protection Act (TCPA). While the rulings in each are limited to the specific requests set forth in the petitions, they include broad...more

4/4/2014  /  FCC , TCPA

Are You Ready For The New TCPA Regulations Regarding Text/SMS Marketing That Go Into Effect On October 16, 2013?

On October 16, 2013, new rules promulgated by the Federal Communications Commission on June 11, 2012 implementing the Telephone Consumer Protection Act of 1991 go into effect regarding the requirements for prior written...more

FCC Rules That Confirmatory Opt-Out Text Messages Don't Violate the TCPA Under Certain Circumstances

In a ruling that will impact certain aspects of how companies handle their SMS/text message promotional programs, on November 29, 2012, the Federal Communications Commission (FCC) released a Declaratory Ruling regarding the...more

12/5/2012  /  FCC , TCPA , Texting
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