On July 13, 2021, Governor Andrew M. Cuomo signed legislation that expands New York state's definition of "telemarketing" to include marketing by text messages. Under the legislation, which became effective on August 12,...more
Court Adopts Narrow Interpretation of Computer Hacking Statute Frequently Asserted Against Web Scrapers -
On June 3, 2021, the U.S. Supreme Court issued its decision in Van Buren v. United States, resolving a decades-old...more
Resolves Years of Ambiguity Over What Equipment Is Covered by the TCPA On April 1, 2021, the U.S. Supreme Court issued its opinion in Facebook, Inc. v. Duguid, a case addressing a split among federal circuit courts as to...more
4/5/2021
/ ATDS ,
Auto-Dialed Calls ,
Certiorari ,
Data Storage ,
Facebook ,
Facebook Inc v Duguid ,
Petition for Writ of Certiorari ,
Random or Sequential Number Generator ,
SCOTUS ,
Split of Authority ,
TCPA
On December 8, 2020, the Supreme Court heard argument in Facebook, Inc. v. Duguid, a case addressing a split among federal circuit courts as to what constitutes an "automatic telephone dialing system"—often referred to as an...more
12/11/2020
/ ATDS ,
Auto-Dialed Calls ,
Certiorari ,
Corporate Counsel ,
Data Storage ,
Facebook ,
Facebook Inc v Duguid ,
Petition for Writ of Certiorari ,
Random or Sequential Number Generator ,
SCOTUS ,
Split of Authority ,
TCPA
Some district courts express skepticism over arbitration provisions in consumer online terms of use agreements. In March 2020, one such court denied a motion to compel arbitration, finding that the online terms of use at...more
Impact of COVID-19 on Existing Contracts: Is Performance Still Required?
The spread of COVID-19 has plunged the country into a period of dramatic uncertainty. The uncertainty that many have seen in everyday life also...more
On December 13, 2018, the U.S. Federal Communications Commission (FCC) released new rules1 relating to the Telephone Consumer Protection Act (TCPA), in an effort to cut down on wrong number calls and texts by establishing a...more
Let’s face it: The residential phone line is on the verge of suffering the same fate as the 8-track tape. Anyone who doesn’t know what an 8-track tape is most assuredly uses a cell phone—and only a cell phone—to communicate....more
On February 27, 2018, in Fox News Network, LLC v. TVEyes, Inc., Case No. 15-3886 (2nd Cir. 2018), the U.S. Court of Appeals for the Second Circuit held that certain functions of TVEyes, a TV database service, do not qualify...more
Wilson Sonsini Goodrich & Rosati is pleased to introduce the first in a series of monthly updates from the FinTech practice. The purpose of the updates is to provide timely information on issues of interest to WSGR’s FinTech...more
The W-2 phishing scams are back. Fraudsters have learned that W-2 phishing scams can be highly effective when targeting businesses while they are handling and sending employee income-tax-related documents early in a new year....more
Many businesses monitor or record customer service, telemarketing, and other telephone calls with consumers to help them improve customer service and for evidentiary reasons. Under federal and many state laws, calls may...more
The last two months certainly have been eventful in the world of privacy. In this issue of The WSGR Data Advisor, we examine the Court of Justice of the European Union’s recent and highly significant Schrems decision that...more
11/20/2015
/ Comcast ,
Cybersecurity ,
EU ,
EU Data Protection Laws ,
Federal Trade Commission (FTC) ,
HIPAA Audits ,
PCI-DSS Standard ,
Schrems I & Schrems II ,
Securities and Exchange Commission (SEC) ,
Security and Privacy Controls ,
Technical Conference ,
US-EU Safe Harbor Framework
The U.S. Department of Defense (DOD) recently published an interim rule amending the Defense Federal Acquisition Regulation Supplement (DFARS).1 The interim rule, effective August 26, 2015, focuses on two issues. First, the...more
10/6/2015
/ Cloud Computing ,
Cyber Attacks ,
Cybersecurity ,
Data Security ,
Defense Sector ,
Department of Defense (DOD) ,
DFARS ,
Federal Contractors ,
Interim Rule ,
Reporting Requirements ,
Subcontractors
In this issue of The WSGR Data Advisor, we examine the FCC’s recent TCPA declaratory ruling and order addressing issues regarding calling and texting consumers, and discuss the new privacy, data security, and transparency...more
9/11/2015
/ Auto-Dialed Calls ,
Cyber Attacks ,
Cybersecurity ,
Data Breach ,
Data Protection ,
Declaratory Rulings ,
Department of Health and Human Services (HHS) ,
Drones ,
Electronic Medical Records ,
EU ,
FCC ,
Federal Trade Commission (FTC) ,
New Legislation ,
Online Privacy Protection Act ,
Security and Privacy Controls ,
TCPA ,
Technical Standards ,
Text Messages
In a letter published on June 11, 2015, the Federal Communications Commission's (FCC) Enforcement Bureau expressed "serious concern" about PayPal's use of a website user agreement to obtain prior express written consent to...more
6/18/2015
/ Cell Phones ,
Corporate Counsel ,
Enforcement ,
FCC ,
Marketing ,
Mobile Devices ,
PayPal ,
Prior Express Consent ,
TCPA ,
Telemarketing ,
Text Messages ,
User Agreements ,
Written Consent
On May 27, 2015, Federal Communications Commission (FCC) Chairman Tom Wheeler announced in a posting on the official FCC blog that he has circulated a proposal to his fellow commissioners that will address numerous issues...more
In this issue:
- Privacy and Data Security in Transactions: What's the Deal?
- Consumer and Financial Institution Class Actions Survive Motions to Dismiss in Target Data Breach Litigation
- California Amends...more
2/24/2015
/ Breach Notification Rule ,
Consumer Financial Protection Bureau (CFPB) ,
COPPA ,
Cybersecurity ,
Data Breach ,
Data Breach Plans ,
Data Protection ,
Financial Institutions ,
Internet ,
Internet of Things ,
Mobile Apps ,
Target
People want relevant information at their fingertips. This commonly means obtaining information through mobile devices by several methods, including telephone calls, text messages, in-app messages, and push notifications....more
In this issue:
- FTC Recommends Improved Transparency and Security in Mobile Shopping Apps
- Appellate Courts to Address What Constitutes an "Automatic Telephone Dialing System" Under the TCPA
-...more
10/28/2014
/ Data Protection ,
Federal Trade Commission (FTC) ,
Mobile Apps ,
Mobile Payments ,
New Regulations ,
Privacy Laws ,
Private Schools ,
Public Schools ,
Retailers ,
Robocalling ,
SOPIPA ,
TCPA ,
Transparency
The United States District Court for the Southern District of Florida recently addressed a critical threshold issue in cases brought under the Telephone Consumer Protection Act arising out of text messages or calls to...more
In this issue:
- Proposed California Law Would Impose Data Breach Liability on Retailers and Create More Stringent Data Security Requirements for Businesses
- FTC Continues Its Aggressive FCRA Enforcement and...more
7/30/2014
/ Big Data ,
Breach Notification Rule ,
Data Breach ,
Data Protection ,
Enforcement ,
Enforcement Actions ,
EU ,
EU Data Protection Laws ,
Fair Credit Reporting Act (FCRA) ,
FCC ,
FTC v Wyndham ,
Privacy Laws ,
Text Messages ,
Texting ,
Wyndham
The Federal Trade Commission (FTC) recently approved an additional method for website operators and mobile application ("app") developers to obtain parental consent to collect identifying information from children. It also...more
Effective October 16, 2013, anyone engaged in telemarketing will need prior express written consent to place artificial or prerecorded telemarketing calls to a residential phone line or wireless number, or to send text...more
10/16/2013
In this issue:
- Digital Advertising Alliance Releases Guidance on the Application of Its Self-Regulatory Principles to the Mobile Environment
- TCPA Update: Recent Decisions and Significant Upcoming Change to...more
9/24/2013
/ CalOPPA ,
Data Brokers ,
Fair Credit Reporting Act (FCRA) ,
Federal Trade Commission (FTC) ,
Mobile Apps ,
Mobile Devices ,
Privacy Laws ,
Privacy Policy ,
Proposed Legislation ,
Social Media ,
Social Media Policy ,
TCPA