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Civil Remedies Privacy Consumer Protection

Read Civil Remedies updates, alerts, news, and legal analysis from leading lawyers and law firms:

Wow! Illinois Biometric Privacy Suits Proliferate

This month, in one of the many recently-filed Illinois biometric privacy suits, a class action complaint alleging violations of Illinois’s Biometric Information Privacy Act (BIPA) was lodged against Wow Bao, a restaurant...more

Dish Network hit with record $280 million civil penalty and far-reaching injunctive relief for do not call violations

by Ballard Spahr LLP on

An Illinois federal judge ordered Dish Network to pay the federal government $168 million for violating the FTC’s Telephone Sales Rule (“TSR”). The judgment is the largest civil penalty ever obtained for a violation of the...more

Canadian Government Suspends Private Right of Action Under Anti-Spam Law

by Foley & Lardner LLP on

In an order dated June 2, 2017, the Canadian government indefinitely suspended a key provision in Canada’s anti-spam legislation (CASL), which was set to take effect on July 1, 2017. While CASL initially came into force in...more

Dish Network Liable for $61 Million in Treble Damages for Service Provider's TCPA Violations

by Ballard Spahr LLP on

A recent federal court ruling provides a potent reminder that companies can be held liable for consumer protection law violations committed by third-party vendors—and underscores the importance of maintaining strong vendor...more

Dish Network Liable for $61 Million After North Carolina District Court Trebles Damages in TCPA Class Action

by Carlton Fields on

A North Carolina district court recently held that Dish Network (“Dish”) willfully violated the Telephone Consumer Protection Act (TCPA) when Satellite Systems Network (SSN) made more than 50,000 telemarketing and sales calls...more

New Canada Anti-Spam Rules Take Effect July 1 – Additional Teeth Behind New Rules

Organizations that do business in Canada should be aware of key changes coming to Canada’s Anti-Spam Legislation (“CASL”). Beginning July 1, 2017, CASL will place stricter conditions on how companies can market their services...more

Consumer Financial Services Law - March 30, 2017

Industry Groups Respond on Consumer Access to Financial Records - Financial industry groups responded to the Consumer Financial Protection Bureau's (CFPB) request for information on consumer access to their financial...more

California Data Breach Notification Law

by Revision Legal on

California law takes the privacy of its residents seriously. Privacy is an inalienable right guaranteed to California residents by the California Constitution. It was the first state to enact laws protecting the rights of...more

Autodialing and Pre-Recorded Messages: the TCPA’s Trap for Unwary Lenders and Debt Collectors

by Ruder Ware on

In February 2015, a federal judge approved a $75 million Telephone Consumer Protection Act (“TCPA”) class settlement involving Capital One and three debt collectors.[1] The plaintiffs (debtors) alleged that Capital One and...more

Appeals Court Sends Target Settlement Back

Today, the U.S. Court of Appeals for the Eighth Circuit vacated the class action settlement between Target Corp. and consumers whose card data was compromised in the company’s 2013 data breach. ...more

What Is an ATDS? The New Battleground in TCPA Litigation Since The FCC’s Declaratory Ruling

by Burr & Forman on

The world of Telephone Consumer Protection Act (TCPA) litigation is constantly changing. With this evolution, new issues arise on almost a daily basis, challenging those prosecuting and defending these claims. A recent and...more

DC Circuit Hears TCPA Oral Arguments

by Ballard Spahr LLP on

Oral arguments were recently held before the U.S. Court of Appeals District of Columbia Circuit in a consolidated case, spearheaded by ACA International, challenging the Federal Communications Commission's (FCC) recent order...more

Bavarian Data Protection Authority issues new guidance paper on sanctions under the General Data Protection Regulation

by Reed Smith on

On 1 September 2016, the Bavarian Data Protection Authority (“DPA”) issued a new guidance paper on sanctions under the new EU General Data Protection Regulation (“GDPR”) in the course of a series of non-binding guidance...more

NBA Team Sued By Fans Over Mobile Application

by Reed Smith on

Earlier this week, a putative class action was brought against the NBA’s Golden State Warriors concerning the team’s mobile application. According to the complaint, the free app provides an interactive experience for fans by...more

D.C. Circuit Tosses Consumer Complaint Following Spokeo

by Dorsey & Whitney LLP on

On July 26, 2016, the D.C. Circuit rejected a consumer class action complaint based on alleged violations of two D.C. consumer protection statutes. Citing the recent U.S. Supreme Court decision in Spokeo, Inc. v. Robins, No....more

The Potentially Dangerous Intersection of Healthcare and Social Media

by Williams Venker & Sanders on

Lately, there have been numerous reports in the media raising patient privacy concerns due to healthcare providers’ use of social media in the workplace. A few examples include...more

TCPA Connect - August 2016

FCC Issues Report and Order on Budget Act Exemptions - On August 11, 2016, the Federal Communications Commission issued a Report and Order implementing Section 301 of the Bipartisan Budget Act of 2015, which amended the...more

Unlocking the EU General Data Protection Regulation: A practical handbook on the EU's new data protection law: Chapter 16:...

by White & Case LLP on

Why does this topic matter to organisations? Whereas the remedies and sanctions available to DPAs under the Directive are comparatively low (generally subject to a maximum of less than €1 million per infringement, with...more

Yet Another Bank Reaches Multimillion-Dollar TCPA Deal

Following the lead of other banks facing putative class actions under the Telephone Consumer Protection Act (TCPA), JPMorgan Chase Bank agreed to pay recipients of unwanted phone calls $3.75 million....more

Privacy Shield Update: A Recap of Recent Developments

by BakerHostetler on

On April 13, 2016, the Article 29 Working Party (WP29), an influential group of European data protection authorities, issued a non-binding opinion that criticized certain elements of the fledgling Privacy Shield framework....more

Privacy policy required for contact forms on websites? German Courts in disagreement

by Reed Smith on

Over the last years, a number of German Courts had to decide whether the operator of a website that contains a contact form for the website’s visitors shall be obliged to provide visitors a privacy policy that informs the...more

French Data Protection Wants to Force Google to Extend the Right To Be Delisted to All the Search Engine’s Extensions

On March 10, 2016, the French data protection agency (« CNIL ») pronounced a €100.000 ($111,715) fine against Google Inc. for failure to comply with its formal injunction of May, 2015 ordering the company to extend delisting...more

New Decree defines the scope of Kazakhstan’s state electronic database

by Reed Smith on

At the end of February, the Government of the Republic of Kazakhstan enacted Decree No. 117, providing that the types of personal data to be stored in the state’s electronic database are...more

Will Tender of Full Amount of Named Plaintiff’s Claim Moot a TCPA Class Action?

by Carlton Fields on

In Campbell-Ewald Co. v Gomez, 136 S.Ct. 663 (2016), the Supreme Court held that Rule 68 offers of judgment to a class representative do not moot a class action. The Supreme Court left open the possibility that an actual...more

TCPA Connect - March 2016

Prior Express Consent Exists When Cellphone Number Is Shared With Intermediary - Joining other federal appellate courts, the Sixth Circuit Court of Appeals recently held that prior consent that is provided indirectly to...more

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