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Rising Number of Class Actions Targeting Outlet Stores Based on Claims of False and Deceptive Advertising

1. Class Action Lawsuits Have Been Filed Against Retailers That Operate Outlet Stores Based on Their Alleged Pricing Claims - Plaintiffs’ class attorneys have a new target in sight and it is outlet shopping. In the past...more

Enterprise Compliance with the CASL Software Provisions – Six Questions for Large Organizations

The electronic communications provisions of Canada’s Anti-Spam Law (CASL) came into force on July 1, 2014. CASL is generally known for its sweeping regulation of “commercial electronic messaging.” However, in addition to the...more

TCPA Connect - October 2014

9th Circuit Affirms Vicarious Liability–for Anybody–Under TCPA - In a blow to Telephone Consumer Protection Act defendants, the Ninth U.S. Circuit Court of Appeals has ruled that a defendant may be liable for...more

FTC Brings First ROSCA Enforcement Action

The Federal Trade Commission (FTC) recently brought its first enforcement action under the Restore Online Shoppers’ Confidence Act (ROSCA) against multiple defendants that the FTC alleges engaged in a common enterprise to...more

Canada’s Anti-Spam Legislation: An Advantage for Cloud Computing?

The communications provisions of Canada’s Anti-Spam Legislation (CASL) came into force on July 1, 2014. Generally speaking, CASL prohibits a person from sending a “commercial electronic message” without the consent of the...more

CASL 2.0: The Computer Program Provisions (Part 2)

In Part 1 we looked at some basic concepts. In Part 2, we look at “enhanced disclosure” requirements. If the computer program that is to be installed performs one or more of the functions listed below, the person who...more

Second Circuit Adopts FCC’s Narrow Construction of “Implied” Express Consent for Autodialed Calls to Cell Phones

This updates our report last summer on a Federal Communications Commission (FCC) letter brief filed at the invitation of the U.S. Court of Appeals for the Second Circuit in Nigro v. Mercantile Adjustment Bureau, which...more

Telephone Consumer Protection Act Express Consent Narrowed Again

Albert Nigro just wanted to turn off his deceased mother-in-law’s electricity. He called the electric company, but it required that he provide his mobile telephone number to disconnect service. It turned out though that the...more

Canada’s Anti-Spam Legislation is in Effect – Now What?

Canada’s onerous anti-spam legislation (CASL) came into force on July 1, 2014, but there has not been any news on enforcement activity by the regulators. However, that is not due to a lack of opportunity – by the end of...more

Japan – Amendments to the METI Guidelines on Electronic Commerce and Information Property Trading

The Ministry of Economy, Trade and Industry of Japan (“METI“) recently revised the Interpretative Guidelines on Electronic Commerce and Information Property Trading (“Guidelines“), which apply to all online business...more

German Retail Investor Protection Act

The German Federal Ministry of Finance published the draft Retail Investor Protection Act (Kleinanlegerschutzgesetz, or Act)1 on 28 July 2014. The Act is intended to strengthen the protection of German retail investors – in...more

Debt Collector’s Automated Calls Did Not Fall within TCPA’s ‘Prior Express Consent’ Exception, Second Circuit Holds

Yesterday, the Second Circuit held that a plaintiff did not provide his “prior express consent” under the federal Telephone Consumer Protection Act (TCPA) to automated calls to his cell phone when he gave his cell phone...more

Just the Fax: Illinois Appellate Court Concerned That TCPA Settlement Between Insured and Class Action Plaintiffs May Be Collusive

An all too familiar scenario: an insurer believes there is no coverage for a claim, but has a duty to defend its insured. In these situations, an insurer often pays for the insured’s independently-selected defense counsel and...more

In Case You Missed It - Interesting Items for Corporate Counsel

The SEC reminded everyone that, yes, it cares whether you timely file your Section 16 reports, by announcing enforcement actions against 28 Section 16 filers and six public companies here. Some tie the unprecedented...more

BELGIUM: Belgian government’s new focus on privacy and technology laws

Almost five months after federal parliamentary elections took place, the negotiators from the four political parties around the negotiating table (Flemish parties NVA, CD&V and Open VLD and Walloon party MR) reached a...more

CPSC Clarifies Changes to Monthly Recall Report Form

In May, we advised readers conducting recalls that the CPSC’s new monthly “recall progress report” form may catch you by surprise. Among other changes, the form included new provisions requesting companies to report recall...more

Plugged-In Furniture - What's Past Is Prologue

As furniture becomes more and more tech-driven (e.g., USB ports, chargers, coolers, etc.) we can sometimes forget that claims to advancements in the basic sofa have been around for some time. Today's Westlaw's "Headnote of...more

It’s 11:30 PM, do you know where your data is? Privacy & Connected Devices

This marks the second week of National Cyber Security Awareness Month, and one focused on the Secure Development of IT Products, so it seems only appropriate to discuss security and The Internet of Things and a recent panel...more

Legal Alert: Eleventh Circuit Reverses Outlier Decision on TCPA Prior Express Consent Standard

The U.S. Court of Appeals for the Eleventh Circuit has clarified the standard for “prior express consent” under the Telephone Consumer Protection Act (TCPA) in a September 29, 2014 decision reversing an outlier ruling by a...more

Eleventh Circuit Holds That Debt Collector Had “Prior Express Consent” From Debtor Whose Wife Provided Number on Hospital...

This week the Eleventh Circuit held that a debt collector had “prior express consent” from a debtor whose wife had provided his wireless number on a hospital admission form. Mais v. Gulf Coast Collection Bureau, Inc., No....more

California’s Latest Amendments to Its Data Security Breach Notification Law – Much Ado about Nothing?

On September 30, 2014, California Governor, Jerry Brown, signed Assembly Bill 1710 into law, amending California’s existing personal information privacy laws. A.B. 1710 makes several changes to existing laws including...more

Be Careful Who You Hire To Make Those Calls! Ninth Circuit Takes Expansive View of Vicarious Liability under the TCPA

A recent ruling by the Ninth Circuit took an expansive view of vicarious liability under the Telephone Consumer Protection Act (TCPA). Reversing the district court’s grant of summary judgment, the court in Gomez v. Campbell...more

Using Information from Data Brokers? Beware the FCRA and the FTC …

As sellers and Internet service providers gather increasing amounts of consumer information, the data broker industry has expanded. Identifying themselves as "market research" firms, data brokers buy, analyze, sort,...more

Guide To Doing Business in Australia: Competition and Consumer Protection

COMPETITION AND CONSUMER PROTECTION - Australia has extensive competition and consumer laws dealing with, among other things, the promotion of competition and consumer protection. This section provides an introduction...more

Ninth Circuit Confirms Consultants and Other Middlemen May Be Vicariously Liable Under the TCPA

The U.S. Court of Appeals for the Ninth Circuit issued a decision in Gomez v. Campbell-Ewald Company holding that the defendant marketing consultant could be liable under the Telephone Consumer Protection Act (TCPA) for...more

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