Communications & Media Law, Consumer Protection, Privacy

Court Dismisses California AG’s First Suit Against Mobile Application Provider Under Online Privacy Protection Act

by BuckleySandler LLP on 5/21/2013

On May 9, the Superior Court of California dismissed California Attorney General Kamala Harris’ first suit against a company for allegedly failing to comply with the state’s Online Privacy Protection Act. California v. Delta...more

FCC Rules Sellers May Be Vicariously Liable for Third-Party Telemarketers’ Violations of Telephone Consumer Protection Act

by Jim DeGraw, David McIntosh, Doug Meal, Mark Szpak | Ropes & Gray LLP on 5/20/2013

The Federal Communications Commission (“FCC”) recently declared that sellers of products and services can be held vicariously liable for actions of third-party telemarketers that violate the Telephone Consumer Protection Act...more

Advertising Law -- May 16, 2013

by Manatt, Phelps & Phillips, LLP on 5/17/2013

In This Issue: Linda Goldstein to Provide Insight on FTC’s Dot Com Dislosure Guidance at Upcoming Bloomberg BNA Webinar; “All Natural” False Ad Suits Continue, Stalled; Wake Up! FDA Considers Caffeinated Foods;...more

Federal Legislation Introduced Regarding Mobile Application Privacy

by Allison Dodd, Daren M. Orzechowski | White & Case LLP on 5/15/2013

On May 9, 2013, Georgia Congressman Hank Johnson introduced the Application Privacy, Protection and Security Act of 2013 (the "Apps Act"), a bill "[t]o provide for greater transparency in and user control over the treatment...more

Busy at Work: California Legislature Addressing Data Privacy Concerns with Data Privacy Law

by Lisa Kim, Joshua Marker, Sarah Woo | Reed Smith on 5/15/2013

The California legislature is busily at work, staying at the forefront with the development of data privacy laws. More than 15 bills related to data privacy concerns are currently making their way through the legislature, and...more

Enter, the APPS Act

by Amy Malone | Mintz Levin - Privacy & Security on 5/14/2013

U.S. Rep. Hank Johnson, a Democrat from Georgia, has introduced a mobile privacy bill that if passed will require mobile application developers to maintain privacy policies, obtain consent from consumers before collecting...more

Spam Smart Tip: Who’s Your Family?

by Tim Banks | Dentons on 5/13/2013

Sometimes legislative or regulatory definitions create ambiguity rather than clarity. The definition of “family relationship” in the draft Industry Canada regulations regarding Canada’s Anti-Spam Legislation (CASL) is a case...more

FTC Confirms Expanded Kids Privacy Rule Effective Date Is July 1, 2013: Online Advertisers and Services Displaying Ads among...

by Wilson Sonsini Goodrich & Rosati on 5/10/2013

The Federal Trade Commission (FTC) unanimously voted this week to keep July 1, 2013, as the effective date for the amended Children's Online Privacy Protection Rule (COPPA Rule).1 The COPPA Rule applies to operators of...more

Advertising Law -- May 09, 2013

by Manatt, Phelps & Phillips, LLP on 5/9/2013

Harsh Criticism for Ad Industry Over DNT - The advertising industry faced harsh criticism at a hearing held by Sen. Jay Rockefeller (D-W.V.). He addressed the implementation of a federal Do Not Track program and...more

FTC Votes to Keep July 1 Compliance Deadline for COPPA; California Bill Would Require Removing Children's Personal Information...

by Loeb & Loeb LLP on 5/8/2013

The Federal Trade Commission voted unanimously this week to keep the July 1, 2013, compliance date for the new COPPA Rule. Representatives from several industry groups had asked the FTC to delay the compliance date to give...more

FTC Staff Updates its COPPA FAQs, Providing Crucial Guidance for Covered Operators

by D. Reed Freeman, Jr., Julie O'Neill | Morrison & Foerster LLP on 5/6/2013

Last week, the staff of the Federal Trade Commission (“FTC”) issued crucial reading for operators of websites, apps, plug-ins, ad networks and other online services (together, “Services”) that are subject to its recently...more

Finally – Video Privacy Protection Act Amended for the Internet Era

by Scott Atkinson | Carr, McClellan, Ingersoll, Thompson & Horn -... on 5/1/2013

Overview - On January 10, 2013, President Obama signed into law amendments to the 1988 Video Privacy Protection Act (VPPA) that facilitate social media sharing of video viewing preferences when users consent to...more

Tips for Mobile App Privacy Compliance [Video]

by Fenwick & West LLP on 4/30/2013

Increasingly, privacy is a big concern in app development. California and other jurisdictions are ramping up enforcement efforts around existing privacy laws. For example, the California attorney general has recently taken...more

FTC Offers FAQ Guide for Revised COPPA Rule

by Balough Law Offices, LLC on 4/29/2013

A 92-question and answer guide is available from the Federal Trade Commission (FTC) to help businesses and parents understand the new rule for the Children’s Online Privacy Protection Act (COPPA), which go into effect July 1,...more

Advertising Law - Apr 25, 2013

by Manatt, Phelps & Phillips, LLP on 4/26/2013

- 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

Spam Smart Tip: Transition Period Balm For The Compliance Sting

by Tim Banks | Dentons on 4/26/2013

Transition periods for new legislation are often critical in taking the sting out of compliance costs. But some transition periods are better than others. In the case of Canada’s Anti-Spam Legislation (CASL), organizations...more

FTC Balances Privacy, Connectivity Needs

by Monica S. Desai, MIchael Drobac, Melodi Gates, Deborah Lodge | Patton Boggs LLP on 4/23/2013

While “smart” devices provide a wealth of consumer benefits, they pose risks to privacy and security due to their ability to collect and share personal data. In response to the increasing use and capabilities of smart...more

Advertising Law -- Apr 18, 2013

by Manatt, Phelps & Phillips, LLP on 4/18/2013

In This Issue: No Rest for the NAD, As it Decides Multiple Mattress Disputes; Fur Sure? Retailers Make Faux Faux Fur Claims; Got Settlement? Muscle Milk Suit Settles for $5.3 Million; TCPA Class Actions Prohibited in New...more

European Privacy Regulator Issues Important Opinion on the Use of Apps

by Karin Retzer | Morrison Foerster - Social Media on 4/16/2013

On February 27, 2013, the European Article 29 Working Party (a group comprising representatives from all of the data protection authorities of the EU Member States, referred to in this articles as “WP29”) issued an Opinion on...more

Retailers Should Use Caution In Collecting Zip Codes From Consumers

by Mark Bross | Adler Pollock & Sheehan P.C. on 4/15/2013

In a recent decision, Tyler v. Michaels Stores, the Supreme Judicial Court of Massachusetts ("SJC") has increased the risk of class action lawsuits under M.G.L. c. 93A against retailers who collect consumers' ZIP codes during...more

Hannaford vs. comScore – Up and Down Results for Privacy Class Action Defendants

by Judy Selby | BakerHostetler on 4/10/2013

Sighs of relief by class actions defendants following the denial of class certification in Hannaford may give way to renewed uncertainty now that a massive class, estimated by the plaintiffs’ lawyer to be more than a million...more

Massachusetts Supreme Court Rules ZIP Codes Are Definitely “Personal Identification Information”

by Erin Aures | Proskauer - Privacy & Data Security on 4/1/2013

In a recent ruling arising from certain certified questions in Tyler v. Michaels Stores, Inc., Civ. No. 11-10920-WGY (D. Mass. Jan. 6, 2012, the Massachusetts Supreme Court interpreted “personal identification information”...more

FTC Recommends Consumer Protections for Mobile Payment Industry

by Wilson Sonsini Goodrich & Rosati on 4/1/2013

The Federal Trade Commission (FTC) has released a staff report on mobile payments, which identifies and makes recommendations for three key issues in the mobile payment industry that the FTC believes present consumer...more

FTC Final Order Prohibits Epic Marketplace From "History Sniffing"

by Maryanne Stanganelli | BakerHostetler on 3/26/2013

The FTC recently approved a final order settling charges against Epic Marketplace, Inc. (“Epic”), a wholly-owned subsidiary of Epic Media Group, LLC. This action against Epic is another step in the FTC’s continuing efforts to...more

Massachusetts Follows California in Finding Retailers Vulnerable to Suit for Collecting Zip Codes in Credit Card Transactions

by Michael von Ansbach-Young | BakerHostetler on 3/26/2013

Earlier this month, the Massachusetts Supreme Court issued an opinion holding that zip codes “may well qualify” as personally identifiable information under the Massachusetts law controlling the treatment of PII in credit...more

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Communications & Media Law › Consumer Protection › Privacy

Court Dismisses California AG’s First Suit Against Mobile Application Provider Under Online Privacy Protection Act

FCC Rules Sellers May Be Vicariously Liable for Third-Party Telemarketers’ Violations of Telephone Consumer Protection Act

Advertising Law -- May 16, 2013

Federal Legislation Introduced Regarding Mobile Application Privacy

Busy at Work: California Legislature Addressing Data Privacy Concerns with Data Privacy Law

Enter, the APPS Act

Spam Smart Tip: Who’s Your Family?

FTC Confirms Expanded Kids Privacy Rule Effective Date Is July 1, 2013: Online Advertisers and Services Displaying Ads among...

Advertising Law -- May 09, 2013

FTC Votes to Keep July 1 Compliance Deadline for COPPA; California Bill Would Require Removing Children's Personal Information...

FTC Staff Updates its COPPA FAQs, Providing Crucial Guidance for Covered Operators

Finally – Video Privacy Protection Act Amended for the Internet Era

Tips for Mobile App Privacy Compliance [Video]

FTC Offers FAQ Guide for Revised COPPA Rule

Advertising Law - Apr 25, 2013

Spam Smart Tip: Transition Period Balm For The Compliance Sting

FTC Balances Privacy, Connectivity Needs

Advertising Law -- Apr 18, 2013

European Privacy Regulator Issues Important Opinion on the Use of Apps

Retailers Should Use Caution In Collecting Zip Codes From Consumers

Hannaford vs. comScore – Up and Down Results for Privacy Class Action Defendants

Massachusetts Supreme Court Rules ZIP Codes Are Definitely “Personal Identification Information”

FTC Recommends Consumer Protections for Mobile Payment Industry

FTC Final Order Prohibits Epic Marketplace From "History Sniffing"

Massachusetts Follows California in Finding Retailers Vulnerable to Suit for Collecting Zip Codes in Credit Card Transactions

Tips for Mobile App Privacy Compliance [Video]

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