Communications & Media Consumer Protection Privacy

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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

TCPA Connect - July 2016

FCC: U.S. Government Is Not a Person Under TCPA - In response to petitions filed by three government contractors seeking clarification that the federal government and its agents were exempt from liability under the...more

Bavarian Data Protection Authority issues guidance paper on video surveillance under the General Data Protection Regulation

On 6 July 2016, the Bavarian Data Protection Authority issued a brief guidance paper on video surveillance under the new EU General Data Protection Regulation (“GDPR”). This short paper is the first issue within a series...more

Tendering Funds to Support Unaccepted Offer of Judgment Still Does Not Moot Case

On July 6, the Sixth Circuit addressed a question apparently left open by the Supreme Court in its recent Campbell-Ewald case.  In Campbell-Ewald, the Supreme Court ruled that an unaccepted Rule 68 offer of judgment did not...more

EU-US Privacy Shield for transatlantic data transfers finalized

Transfers of personal data from most European countries to the US have been exposed to legal attack since October 2015, when privacy campaigner Max Schrems successfully sued the Irish authorities over data transfers made by...more

FTC Steps Up Activity on APEC Cross-Border Privacy Certification: Issues Warning Letters to 28 Companies Claiming Certification

The Federal Trade Commission (FTC) has issued warning letters to 28 companies that claim to be certified participants in the Asia-Pacific Economic Cooperative’s (APEC) Cross-Border Privacy Rules (CBPR) system on their...more

First Circuit Issues Potentially Significant Ruling on Federal Video Privacy Statute’s Application to Mobile Apps

The First Circuit Court of Appeals’ recent decision in Yershov v. Gannett Satellite Information Network, Inc., — F.3d —-, Case No. 15-1719, 2016 WL 1719825 (1st Cir. Apr. 29, 2016), may carry important implications for mobile...more

The FCC Rules Federal Government (and Maybe its Contractors) Are Immune from the TCPA

The Federal Communications Commission (FCC) issued its highly anticipated declaratory ruling on July 5, 2016 in which it determined that the Telephone Consumer Protection Act (TCPA) does not apply to calls made by or on...more

District Court Holds Professional Plaintiff Lacks Article III Standing to Bring TCPA Action Under Supreme Court’s Spokeo, Inc. v....

Following the Supreme Court’s ruling in Spokeo, Inc. v. Robins, 136 S. Ct. 1540 (U.S. May 16, 2016), it is clear that “Article III standing requires a concrete injury even in the context of a statutory violation,” such that a...more

Google Prevails In Privacy Case Before Third Circuit - But Court’s Decision May Leave Door Open For Future Video Privacy Suits

On June 27, the U.S. Court of Appeals for the Third Circuit, in a precedential opinion, rejected the allegation that Google and Viacom violated the Video Privacy Protection Act (“VPPA”) and federal and state wiretapping...more

EU Adopts Cybersecurity Directive: What US Companies Need to Know

Not all the news coming out of Europe these days is about Brexit. In fact, the forces of unity and harmonization remain a top priority for European regulators hoping to combat digital security threats and create a safer and...more

Federal Government and Its Contractors Exempt from the TCPA, FCC Rules

TCPA class actions continue to plague companies around the country, but a recent FCC ruling means that one big caller doesn’t have to worry: the federal government, as well as its contractors. On July 5, the Federal...more

Federal Court Finds Intangible Harm Caused by Robocalls Sufficient for Post-Spokeo Standing in TCPA Claim Alleging Privacy...

In an instructive opinion on how intangible harms can cause injuries sufficient to confer standing on plaintiffs—and a rare example of the U.S. Supreme Court’s latest ruling on standing aiding plaintiffs—a West Virginia...more

Definition of “PII” Under VPPA Continues to Evolve with 3rd Circuit Ruling

On June 27, 2016, the U.S. Court of Appeals for the Third Circuit became the latest appellate court to weigh how the Video Privacy Protection Act (VPPA or “the Act”) – a 1988 statute meant to protect consumer privacy by...more

Draft Privacy Guidelines for Mobile Health App Developers Published

Mobile health or ‘mHealth’ applications commonly raise complex privacy issues as a result of processing large amounts of sensitive personal data. Following the publication of its Green Paper on the topic in 2014, the European...more

Cybersecurity News & Notes – July 2016

In Case You Missed It: Ruling in FTC v. Amazon Suggests a Way Forward for Companies Responding to Actions Brought by the FTC after a Data Breach. The FTC’s recent actions in the realm of data security have been predicated on...more

Does Your Organization Collect Geo-Location Information?

Smartphones, smartphone apps, websites, and other connected devices (e.g., “wearables”) increasingly request that consumers provide their geo-location information. Geo-location information can refer to general information...more

No VPPA Liability for Disclosure of Certain Anonymous Digital Identifiers

Another court has contributed to the ongoing debate over the scope of the term “personally identifiable information” under the Video Privacy Protection Act – a statute enacted in 1988 to protect the privacy of consumers’...more

Third Circuit Lets Google Give Cookies to Kids

Rarely does whether a child has a cookie rise to the level of a federal question. However, on June 27, 2016, in In re Nickelodeon Consumer Privacy Litigation, No. 15-1441, a panel of the Third Circuit Court of Appeals...more

Third Circuit Tackles New VPPA and Other Privacy Questions in In re Nickelodeon Consumer Privacy Litigation

The Third Circuit Court of Appeals handed the defendants a partial victory in In re Nickelodeon Consumer Privacy Litigation on June 27. While its decision last year in In re Google Inc. Cookie Placement Consumer Privacy...more

Who’s Still “Standing” Following Spokeo, Inc. v. Robins?

From the first month of district court decisions issued since the United States Supreme Court decided Spokeo, Inc. v. Robins, No. 13-1339, 2016 WL 2842447, *3 (U.S. May 16, 2016), it appears the needle on Article III standing...more

Cybersecurity News and Notes: June 2016 #4

In Case You Missed It - The FTC settled with mobile advertising company InMobi for $950,000 in civil penalties, along with the implementation of a privacy program, based on the FTC’s charges that InMobi impermissibly...more

NTIA Multistakeholder Process Finalizes General Privacy Guidelines for Commercial Facial Recognition Use

We’ve previously blogged about the National Telecommunications and Information Administration (NTIA) privacy multistakeholder process to address concerns associated with the emerging commercial use of facial recognition...more

Retail and Consumer Products Law Roundup - June 2016

President Signs Legislation Modernizing Federal Chemical Regulation Law - Overhaul of Toxic Substances Control Act (TSCA) has important business implications for consumer product manufacturers and retailers. ...more

Latest FTC Privacy Action Looks Carefully at Geolocation Promises

A mobile device’s geolocation can be passed to apps and ad networks through various application programming interfaces (APIs) provided by Android or iOS, but there are other ways to determine a consumer’s location using...more

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