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Advertising Law - November 2014 #2

Shhhhh…Whisper Faces Lawmaker Scrutiny Over Privacy Claims - Just how safe is the purported “safest place on the Internet”?: Sen. Jay Rockefeller (D-W.Va.) wants to find out. The Chair of the Senate Committee on...more

CASL 2.0: The Computer Program Provisions (Part 3)

The CRTC has released guidelines on the implementation of the incoming computer-program provisions of Canada’s Anti-Spam Law (CASL). Software vendors should review the CASL Requirements for Installing Computer Programs for...more

Internet of Things – Top 10 privacy and data protection concerns

As we discussed in our previous posts, there are a number of positive trends that make the Internet of Things a long lasting evolution. Hardware is improving, there is an increasing understanding from the industry of the...more

Privacy Policies 2.0: Making Disclosures More Meaningful

Website privacy policies are a ubiquitous fact of web life, intended to allow users to easily understand the personal information being collected by a website and how that site uses and shares that information. Over time,...more

CRTC Provides Guidance on CASL Software Provisions – But Some Uncertainty Remains

From November 10 to 12, 2014, the CRTC provided its interpretation of the software provisions in Canada’s anti-spam law (CASL) in several presentations to industry. The CRTC also posted a specific FAQ about their...more

Inconsistency in Canada’s Anti-Spam Law – When is “Java Scripts” not “JavaScript”?

Canada’s anti-spam law (CASL) is complex and ambiguous, and can result in substantial liability (e.g., a maximum $1,000,000 fine for individuals and $10,000,000 for organizations). Accordingly, many organizations have...more

Canada’s Anti-Spam Law – New Guidance on Offering Apps, Software

Canada’s Anti-Spam Law (CASL) targets more than just email and text messages - CASL also prohibits installing a “computer program” – including an app, widget, software, or other executable data – on a computer system...more

California District Court Certifies TCPA Class Against Defaulted Defendant

The District Court for the Southern District of California certified a consumer class asserting violations of the Telephone Consumer Protection Act (“TCPA”) by defendant Bennett Law, PLLC. Plaintiff alleged that she received...more

Two Privacy Class Actions: Facebook and Apple (Part 2)

This was a claim by a representative plaintiff, Ms. Ladas, alleging that Apple breached the customer’s right to privacy under the Privacy Act (B.C.), since iOS 4 records the location of the “iDevice” (that’s the term used by...more

Why Canada’s Anti-Spam Legislation (CASL) Matters to Businesses in the U.S.

Benjamin Franklin lived long before electronic messaging, but his advice about preventions and cures now rings especially true for U.S. businesses marketing in Canada. Canada’s new anti-spam legislation regulates businesses...more

Watch out: Privacy concerns in the age of wearable technology

Earlier this month, Apple unveiled Apple Watch, perhaps the most hotly anticipated product debut in the burgeoning market for wearable technology. Apple’s website displays the watch in its various elegant incarnations...more

American Bankers Association Asks FCC for Exemption From TCPA Liability

Why it matters - Seeking an exemption from Telephone Consumer Protection Act (TCPA) liability, the American Bankers Association (ABA) filed a petition with the Federal Communications Commission (FCC) to allow financial...more

FDA Regulatory and Compliance Monthly Recap - October 2014

In This Issue: - FDA issues final guidance on discerning device recalls from market withdrawals related to medical device enhancements in apparent bid to appease industry concern over draft being overly broad, lacking...more

Call me, maybe? New technology, mobile marketing and the TCPA

Mobile marketing is the new frontier, and many companies across many industries are increasingly using technology to communicate with consumers through text messaging. As mobile campaigns proliferate, so do class actions...more

Enforcement Priorities and Trends in Children's and Minors' Advertising and Privacy

BakerHostetler's Alan Friel recently interviewed FTC staff lawyer Kandi Parsons and Assistant New Jersey Attorney General Elliot Sibers at the opening session of the Children's Advertising Review Unit ("CARU") of the...more

Report from an Energized Brand Activation Association Marketing Law Conference

Ifrah Law is a proud member the Brand Activation Association (“BAA”). This week, we attended the BAA’s 36th annual BAA Marketing Law Conference in Chicago. Just as “Mad Men” reflects the 1960’s era advertising business, this...more

FCC Order Confirms that TCPA Regulations Require Opt-Out Notice on All Fax Advertisements, Even Those Sent with Prior Express...

On October 30, 2014, the Federal Communications Commission (“FCC”) released an Order that “confirms” that opt-out notices complying with rules and regulations adopted by the FCC in 2006, pursuant to the authority granted to...more

Top 5 Internet of Things giveaways from the Web Summit

As previously mentioned, I attended this week the Web Summit in Dublin focusing in particular to the section dedicated to the Internet of Things (IoT) from which I was able to gain very interesting insights on legal issues...more

Advertising Law - November 2014

Lawmakers: Time to Discuss the Internet of Things: What are the privacy, security, and consumer protection implications of the burgeoning Internet of Things? A group of senators has called for a hearing to...more

FCC Proposes $10M Privacy Breach Fine Against Two Telecommunications Companies

On October 24, 2014, the Federal Communications Commission (“FCC”) announced that it intends to fine two telecommunications companies $10 million for storing confidential personal information of up to 305,000 customers in a...more

Advertising Industry Enforces Enhanced Behavioral Advertising Notice Requirements on Websites

On October 28, the Online Interest-Based Advertising Accountability Program (Accountability Program), released five decisions in which the website operators have agreed to update their respective websites to provide enhanced...more

Web-Based Platform Not Autodialer under TCPA, California Federal Court Rules

A California federal court recently ruled in Marks v. Crunch San Diego, LLC, that a third-party Web-based platform used by a health club to send text messages to its members was not an “automated telephone dialing system”...more

New California Privacy Law Revisions Will Impact Website and Mobile App Operators With Users Under Age 18

Last year, California made child-related revisions to its Online Privacy Protection Act that have ramifications even for websites and other online services that are not directed to children. The revision, “Privacy Rights for...more

Blog: What You Should Know About Your Company’s Privacy Policy

Except for a handful of laws that apply to specific industries, such as health and financial services, there is no comprehensive federal law that requires companies to have a privacy policy. However, some states, including...more

FCC Joins Global Privacy Enforcement Network

On October 28, amid growing threats to consumer privacy, the FCC announced that it has joined the Global Privacy Enforcement Network (GPEN), an international group of privacy regulators and enforcers. ...more

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