Michelle Visser

Michelle Visser

Ropes & Gray LLP

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Latest Publications


ALJ Dismisses FTC Data Security Claims Against LabMD Due to Lack of Actual or Likely Substantial Consumer Harm

On November 13, a Federal Trade Commission administrative law judge dismissed the FTC data security complaint against medical laboratory LabMD, potentially vindicating LabMD’s vigorous two-year struggle to deny the FTC’s...more

11/25/2015 - ALJ Data Breach FTC LabMD Section 5

FCC Expands Its Claim of Data Security Authority with Recent Enforcement Action Against Cox Communications

Last week, the Federal Communications Commission (“FCC”) reached a settlement with Cox Communications, Inc. (“Cox”) regarding a 2014 data security breach that allegedly exposed the personal information of at least 54 current...more

11/16/2015 - Consent Decrees Cox Communications Customer Proprietary Network Information (CPNI) Data Breach Enforcement Actions FCC Popular

Nomi FTC Settlement Highlights Risks of Publicizing Company Privacy Policies

A closely divided Federal Trade Commission (“FTC” or the “Commission”) has signaled support for the agency’s recent focus on mobile device privacy. On April 23, 2015, the five-member Commission voted 3-2 to accept a proposed...more

5/21/2015 - Consent Order Corporate Counsel Data Collection FTC Misrepresentation Mobile Privacy Nomi Technologies Opt-Outs Prior Express Consent Privacy Laws Retailers Section 5

PCI SSC Releases Version 3.1 of Data Security Standard

On April 15, 2015, the Payment Card Industry Security Standards Council (the “PCI SSC” or “Council”) released a new version of its Data Security Standard (“PCI DSS”), version 3.1, which contains numerous updates including,...more

5/20/2015 - Cybersecurity Debit and Credit Card Transactions Encryption Payment Processors PCI-DSS Standard

FCC Action Against AT&T Reflects Regulator’s Increasing Focus on Privacy and Data Security

In the wake of the Federal Communications Commission’s (“FCC’s”) first-ever foray last October into fining companies over data security practices, the agency’s Enforcement Bureau Chief, Travis LeBlanc, asserted that the...more

4/24/2015 - AT&T Data Breach Enforcement Actions FCC Open Internet Rules Regulatory Agenda

New York Establishes New Cyber Security Examination Process for Financial Institutions

New York’s Department of Financial Services released a letter on December 10, 2014, announcing the details of its plan to focus more attention on cyber security matters in conducting examinations. Directed at New...more

12/16/2014 - Banks Cybersecurity Data Breach Data Protection Financial Institutions OCIE Popular SEC

California Attorney General Issues Guidance on Do Not Track

In 2013, the California Legislature passed a tracking transparency bill, AB 370, which amended the California Online Privacy Protection Act (“CalOPPA”). AB 370 requires commercial website operators to inform users of how they...more

5/28/2014 - Amended Regulation Attorney Generals Best Management Practices CalOPPA Data Protection Disclosure Requirements Do Not Track FTC Personally Identifiable Information Privacy Policy Websites

Hulu Video Privacy Protection Act Summary Judgment Ruling in the N.D. of California Emphasizes Importance of Knowing What Data...

On Monday, April 28, 2014, the Northern District of California in In Re: Hulu Privacy Litigation, No. 3:11-cv-03764-LB (M.J. Laurel Beeler), issued a summary judgment opinion under the Video Privacy Protection Act (“VPPA”),...more

5/5/2014 - Class Action Data Collection Data-Sharing Facebook Hulu Personally Identifiable Information Privacy Disclosures Third-Party Video Privacy Protection Act

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