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Capital One to Pay Largest TCPA Settlement on Record

Capital One Financial Corp. (“Capital One”) and three collection agencies have agreed to pay one of the largest settlement amounts in history — $75.5 million — to end a consolidated class action lawsuit alleging that the...more

Recording Calls? Five Things You Can Do to Avoid the Litigation Frenzy

Restaurant chain Applebee’s has joined other businesses such as Overstock.com, Hilton, Capitol One, and Bass Pro Shops as defendants in purported class action lawsuits alleging that they illegally recorded calls to or from...more

UPDATE: Germany to Tighten Data Protection Laws: Consumer Protection Associations and Trade Associations shall be Granted Right to...

As contemplated in the Newsflash in March 2014, the German Federal Ministry of Justice in June 2014 finally presented the new draft bill that allows consumer protection associations as well as trade associations to take...more

Delaware's New Data Destruction Law Takes Effect January 1, 2015

Delaware House Bill 295 was signed into law on July 1. The law provides that if a commercial entity seeks to dispose of records containing consumers' personal identifying information, the commercial entity must take...more

The Next Generation of Data Breach Notice Law — Florida’s Information Protection Act of 2014

In a harbinger of data-breach-laws to come, the Florida State Legislature just passed a new Florida Information Protection Act, which establishes tough new notification requirements for businesses and governmental entities....more

Advertising Law - May 2014

W3C Reaches Milestone: “Do Not Track” Specification Set - The road to establish an industry standard for Do Not Track has been long and winding. Last year, efforts at consensus stalled, grinding the work of the...more

Germany to Tighten Data Protection Laws: Consumer Protection Associations shall be Granted Right to take Businesses to Court

Germany's data protection laws, already known as one of the strictest in the world, are facing an even stricter approach when Federal Minister of Justice Heiko Maas on February 11, 2014 announced a new draft bill that would...more

Damages Issues Again Thwart the Bulk of Plaintiffs’ Claims in the PlayStation Network Data Breach Class Action

In the latest chapter in the Sony PlayStation Network (“PSN”) data breach saga, a decision that issued on January 21, 2014 permanently dismissed all but a handful of the class action claims advanced in a 51 count complaint. ...more

Fear FACTA: Beware the Truncation Requirement of the Fair and Accurate Credit Transactions Act

All businesses, large and small, that issue electronically generated credit or debit card receipts to consumers at the point of transaction are subject to the “truncation” requirement of the Fair and Accurate Credit...more

U.K. Court of Appeal’s Award of Compensation for Distress to an Individual Following a Breach of the Data Protection Act: Opening...

Whilst regulatory action by the U.K. Information Commissioner’s Of?ce (‘‘ICO’’) is relatively commonplace and well reported following data breaches, particularly since the ICO was granted powers to issue on the spot ?nes for...more

Does The SCOTUS "Like" Cy Pres Distributions In Class Action Settlements?

On November 4, 2013, the Supreme Court of the United States declined to review the Ninth Circuit’s approval of Facebook’s $9.5 million privacy class action settlement, which, with the exception of attorneys’ fees and “modest...more

Mandatory Data Breach Reporting Bill Introduced Into Parliament

The Privacy Amendment (Privacy Alerts) Bill 2013 was introduced into Parliament on 29 May 2013. Having been recommended by the Senate Committee report tabled on 24 June, it appears that Parliament intends to pass the Bill...more

FTC: Data Brokers That Compile Tenant Data May Be Covered by FCRA

On April 3, 2013, the Federal Trade Commission issued a press release that marks yet another step in its continuing trend of actions involving data brokers and data providers. As we have noted in earlier blog posts, the...more

Advertising Law - Apr 25, 2013

- Marc Roth Invited to Present on Privacy Issues in Marketing at NYC Bar CLE Program: On May 3, 2013, the New York City Bar Center for CLE and the Brand Activation Association (formerly the Promotion Marketing...more

Burr Alert: Blowing The Cap Off Statutory Damages Under The FCCPA?: An Analysis Of Kahmeyer v. Federal Credit Corporation

In Kahmeyer v. Federal Credit Corporation, the 13th Judicial Circuit in Hillsborough County, Florida released an opinion that has given new life to the argument that each violation of the Florida Consumer Collection Practices...more

Zip Code Requests Off-Limits in Massachusetts Credit Card Transactions

In a recent decision, Tyler v. Michaels Stores, Inc., the Massachusetts Supreme Judicial Court held that zip codes are “personal identification information” and that a merchant asking for that information during a credit card...more

Retailers Beware: Massachusetts Court Restricts Ability To Collect ZIP Codes At Point Of Sale

The Supreme Judicial Court of Massachusetts recently held that collecting a consumer's ZIP code at the point of sale may violate Massachusetts General Laws Chapter 93, Section 105(a) (Section 105(a)), which restricts the...more

Google Settles Another Privacy Allegation — This One Concerning Its ‘Street View’

Google recently agreed to a settlement after a three-year investigation conducted by 38 state attorneys general stemming for allegations that it had violated individuals’ privacy rights when it collected information from...more

The Data Breach Lawsuit Powder Keg

Most data breaches occur because companies fail to implement adequate safeguards to protect personal identifiable information, and data breaches are growing in scope and sophistication. A study by NetDiligence concluded that...more

Retail Customers Obtain Unusually Favorable Settlement In Zip Code Collection Case

On January 11, the U.S. District Court for the Northern District of California approved a settlement between a retailer and a class of customers to resolve allegations that the retailer violated the California Song-Beverly...more

CFPB's Regulatory Agenda - 2013

As we begin a new year and prepare ourselves for the blizzard of new and revised regulations coming our way, I think it is important for us to consider the regulatory agenda that the Consumer Financial Protection Bureau...more

Privacy Class Actions: Year-in-Review

During 2012, privacy class actions continued to trend toward two major categories: 1) actions that arose out of a data breach event and 2) actions brought to prosecute an alleged consumer privacy right....more

Making Meyer Lemonade Out Of Meyer Lemons: Ninth Circuit Affirms Provisional Class Certification and Injunction in TCPA Case

In Meyer v. Portfolio Recovery Associates (Oct. 12, 2012), the Ninth Circuit affirmed the Southern District of California’s decision to provisionally certify a class and grant a preliminary injunction against Portfolio...more

Elizabeth Warren's Interview

In July 2011, I published my interview of Elizabeth Warren, entitled Opening a Dialogue: Elizabeth Warren and the Mortgage Industry.* I have been told that this interview is one of the last published interviews of Mrs....more

Do You Follow Your Posted Online Terms and Conditions?

There are dozens of federal statues and regulations that govern consumer privacy. They regulate what data a company can collect and how you must protect it once you have it. One of the best ways to mess up in e-commerce is...more

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