Delta Air Lines scored a victory when a California federal court granted the company’s motion to dismiss a putative class action based on a data breach, primarily by arguing that its publicly posted privacy policy is not a...more
7/10/2019
/ Advertising ,
Airline Deregulation Act ,
Breach of Contract ,
Computer Fraud and Abuse Act (CFAA) ,
Corporate Counsel ,
Data Breach ,
Delta Airlines ,
Motion to Dismiss ,
Privacy Policy ,
Putative Class Actions ,
Stored Communications Act
In the wake of the Equifax data breach, New York Attorney General Eric T. Schneiderman introduced a new measure to “close major gaps” in the state’s “weak and outdated” data security laws....more
Social Media, Behavior Policies Tossed by NLRB ALJ -
Why it matters -
Prohibiting social media activity by employees that “reflect[s] poorly” on the employer violates the National Labor Relations Act (NLRA), an...more
11/7/2017
/ Administrative Law Judge (ALJ) ,
Amazon ,
Arbitration ,
Cybersecurity ,
Data Breach ,
FCC ,
NLRB ,
Private Attorneys General Act (PAGA) ,
Reassigned Phone Numbers ,
Safe Harbors ,
Social Media ,
TCPA
Data Breach Lawsuits Continue to Fill the Courts -
Data breach litigation continues to fill the courts in all stages, with a new class action filed against Tempur Sealy International and the dismissal of a suit against...more
8/29/2017
/ Barnes and Noble ,
Data Breach ,
Equal Employment Opportunity Commission (EEOC) ,
Grocery Stores ,
Jurisdiction ,
Landfills ,
NAD ,
Patents ,
SCOTUS ,
TC Heartland LLC v Kraft Foods ,
TCPA ,
Telemarketing ,
Text Messages ,
Title VII ,
Waste Management
The U.S. Court of Appeals, D.C. Circuit issued a decidedly pro-consumer opinion recently in addressing what is required to establish standing for a data breach class action....more
Shoppers in New Jersey were promised increased privacy after Governor Chris Christie signed the Personal Information and Privacy Protection Act that limits the collection and use of personal information obtained from...more
‘World’s Best’ Is Puffery, Not Objectively Provable Claim -
The claim “World’s Best Glass Cleaner” is puffery, the National Advertising Division decided in a challenge brought by S. C. Johnson & Son Inc. against advertiser...more
7/27/2017
/ Advertising ,
Article III ,
Copyright ,
Copyright Infringement ,
Data Breach ,
Decriminalization of Marijuana ,
DMCA ,
Identity Theft ,
Injury-in-Fact ,
Instagram ,
Marijuana ,
Motion to Dismiss ,
NAD
Full Disclosure: Instagram to Help Influencers With Compliance -
On the heels of dozens of letters sent by the Federal Trade Commission (FTC) to influencers and marketers, cautioning them to make appropriate disclosures on...more
NAD Watches Paint Dry, Sides With Advertiser -
The Sherwin-Williams Co. does not need to change the name of its “CoverMaxx” spray paints, the National Advertising Division of the Better Business Bureau said after...more
5/26/2017
/ Advertising ,
Class Action ,
Data Breach ,
DPPA ,
Misleading Impressions ,
Motor Vehicles ,
NAD ,
Putative Class Actions ,
Solicitation ,
Standing ,
Summary Judgment ,
Warranties