Communications & Media Consumer Protection Privacy

Read need-to-know updates, commentary, and analysis on Communications & Media issues written by leading professionals.
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EU Proposed ePrivacy Rules to Extend to all Electronic Communications Providers

On January 10, the European Commission proposed new legislation that would update and supplement current ePrivacy rules and extend their scope to all providers of electronic communication services. The following is a...more

Internet of Things: Navigating Privacy, Data Security, and Client Trust in the Age of Big Data

In-house attorneys Olga Mack and Katia Bloom on risk management, data security, privacy, and client trust in the rapidly developing IoT Age....more

Court Finds “Nuisance” to be Concrete Injury under the TCPA

The United States District Court for the Middle District of Florida has ruled that nuisance and invasion of privacy claims are concrete injuries for standing purposes under the Telephone Consumer Protection Act (“TCPA”). In...more

US Trade Associations and ISPs Petition FCC to Reconsider New Privacy Rules

On January 3, several US trade associations and internet service providers (ISPs) submitted petitions requesting that the Federal Communications Commission (FCC) reconsider its broadband privacy rules mandating consumer...more

American Eagle Settles TCPA Class Action for $14.5 Million

American Eagle Outfitters (American Eagle) settled a class action filed against it for alleged Telephone Consumer Protection Act (TCPA) violations for $14.5 million last week. The class action complaint alleged that American...more

FCC Denies TCPA Exemption for Mortgage Servicing Calls

The Federal Communications Commission (FCC) has denied the petition filed by the Mortgage Bankers Association (MBA) seeking an exemption from the prior express consent requirement of the Telephone Consumer Protection Act...more

Privacy Tip #67 – Don’t Fall for Telemarketing Schemes Offering to Fix Your Computer

I received a call last week on my home land line and when I picked it up (hardly anyone I want to actually talk to calls my home telephone number) the caller on the other end informed me that he was from “Microsoft 10,” that...more

Turn Settles Allegations by the FTC for Deceptive Advertising Tactics

Turn, Inc. (Turn), a California based company that enables sellers to target digital advertisements to consumers via a website or mobile app, settled allegations by the Federal Trade Commission (FTC) that it deceived...more

FTC Settles with Targeted Digital Advertising Company over Supercookie Advertising Practices

The Federal Trade Commission (FTC) has entered into a proposed consent order requiring digital advertising company Turn Inc. to include a clear and conspicuous notice detailing how it collects, uses, or shares information...more

TCPA Connect - December 2016

Defendant’s Attempt to Moot TCPA Suit Fails (Again) - A Telephone Consumer Protection Act defendant was unsuccessful in persuading a Massachusetts federal court judge to dismiss a putative class action under the statute...more

Legal Considerations for Website Privacy Policies

We get questions from clients about whether they are required to include a privacy policy and, if so, what should it say. The answers may surprise you, but a privacy policy should definitely not be an afterthought for...more

FCC Declines TCPA Exemption for Mortgage Servicers

Rejecting a mortgage industry request, the Federal Communications Commission (FCC) has formally denied an exemption from the prior-express-consent mandates of the Telephone Consumer Protection Act for mortgage servicers,...more

FTC Issues National Do Not Call Data Book for Companies

The Federal Trade Commission (FTC) issued the National Do Not Call Registry (the Registry) Data Book (Data Book) for Fiscal Year 2016 last week. The Registry is used by consumers to choose not to receive telemarketing calls....more

What A Breach: More Than 1 Billion Yahoo! User Accounts Compromised

On Wednesday, Yahoo! disclosed that more than 1 billion of its users’ personal information was exposed in a newly discovered cyber-attack, making it the largest data breach reported to date. The breach apparently took place...more

Advanced Care Scripts Settles Pending TCPA Class Action for $9.25 Million

Earlier this month, a Louisiana federal judge granted final approval of a $9.25 million settlement between Advanced Care Scripts Inc. (Advanced Care) and a class of plaintiffs—led by Jefferson Radiation Oncology LLC...more

Affair Website Ashley Madison Fined $8.75 Million Over Data Breach, Misrepresentations

The Federal Trade Commission (FTC) has entered into a multimillion dollar settlement with the owners and operators of AshleyMadison.com, a dating website for people interested in having discreet affairs, related to the...more

“Life is Short. Have an Affair.” And Then Settle With the FTC.

Yesterday, the Federal Trade Commission (“FTC”) announced a settlement with the owners of “dating site” AshleyMadison.com, arising from a July 2015 data breach that received broad media coverage. According to a proposed...more

Ashley Madison Settles with FTC and State AGs for $1.6 Million

We have previously reported on the Ashley Madison data breach and subsequent litigation. On December 14th, Ashley Madison announced that it has agreed to pay $1.6 million and implement additional security measures to settle...more

Unicorns are Real, Indecision May Possibly Be Your Best Option at Some Point and Yes, Virginia, You Can Trust Big Brother

Washington State Begins Beta Testing Its Pioneering Privacy Modeling App - Seattle — and by extension, Washington — has a purist attitude in its fusion of technology and life. All other states offer their employees...more

Class Certification Denied in TCPA Action Against Dick’s Sporting Goods

Recently, a California federal judge, U.S. District Judge Cormac J. Carney, denied a request for class certification in the Telephone Consumer Protection Act (TCPA) class action against Dick’s Sporting Goods Inc. (Dick’s)...more

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

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

Advertising Law - December 2016

$30M Judgment for Green Coffee Weight Loss Defendant - An executive behind a green coffee weight loss product scam was hit with a $30 million judgment in a recent Federal Trade Commission action in Florida federal...more

Avoiding the Enforcement Crosshairs of Cross-Device Tracking

The Digital Advertising Alliance (DAA) recently announced that enforcement of its guidance on cross-device tracking (the “Application of the DAA Principles of Transparency and Control to Data Used Across Devices”) is set to...more

Litigation Alert: The FCC Enforcement Bureau Advises That Text Message Senders Must Comply With the Telephone Consumer Protection...

On November 18, 2016, the Federal Communications Commission (FCC) Enforcement Bureau issued an Advisory declaring that autodialed text messages, also known as robotexts, must comply with the requirements set forth in the...more

Will the D.C. Circuit Overturn Fax Opt-Out Requirement?

Though not as common as they once were, fax advertisements continue to be used in several industries, particularly healthcare, where providers and manufacturers rely on faxes to comply with regulatory obligations. Earlier...more

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