Communications & Media Privacy

Read need-to-know updates, commentary, and analysis on Communications & Media issues written by leading professionals.
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Litigation Alert: The Sixth Circuit Expands Potential Federal Wiretap Act Liability for Developers and Sellers of Cloud-Based...

Last week, the Sixth Circuit expanded potential liability for violations of the Federal Wiretap Act for manufacturers of devices that can be used for wiretapping, like monitoring software, in reversing the dismissal of a...more

California Court Strikes Fail-Safe TCPA Class Definition

Dixon v. Monterey Fin. Services, Inc., No. 15-cv-03298 (N.D. Cal. Aug. 22, 2016) - At issue before the Court was Plaintiff’s Amended Complaint, and Defendant’s second motion to strike class definition as a fail-safe...more

Nursing Facilities to Face Surveyors’ Review of Photo and Video Policies

The Centers for Medicare and Medicaid Services (CMS) this month took aim at the unauthorized taking and sharing of photos and videos – including through social media – in nursing facilities. In response to media reports and...more

The Digital Download - Alston & Bird’s Privacy & Data Security Newsletter – August 2016

General Data Protection Regulation (GDPR) Published, Commencing Two-Year Countdown to Application. One of the most important EU legislative initiatives in recent years, and a landmark in privacy regulation worldwide, the GDPR...more

California Federal Court Dismisses TCPA Claims for Lack of Article III Standing

A plaintiff did not have Article III standing to assert claims under the Telephone Consumer Protection Act (TCPA) for alleged autodialed calls made to her without her consent, a California federal district court recently...more

FCC and Federal Debt Collectors, More Restrictions under TCPA

In July we wrote about the exemption for robocalls made by the federal government (or its contractors) from the restrictions of the Telephone Consumer Protection Act (TCPA). Now, the Federal Communications Commission (FCC)...more

Location Data Poses Risks To Individual Privacy Says Irish Regulator

With the proliferation of location-based app services like traffic alerts and ride-sharing programs, the collection of consumers’ location information has exploded in recent years. It comes as no surprise, therefore, that...more

California Passes Digital Assets Law

Following in the footsteps of numerous other states, California became the newest state to pass a digital assets bill, which allows individuals to access social media accounts, music accounts, gaming accounts or other digital...more

Final Order against Practice Fusion Approved by FTC

On August 16, 2016, the Federal Trade Commission (FTC) approved the final order resolving its privacy complaints against Practice Fusion. The complaint alleged that Practice Fusion “misled consumers by soliciting reviews for...more

CMS Cracks Down On Social Media Abuse By Nursing Home Staff

On August 5th the Centers for Medicare & Medicaid Services (CMS) issued a memorandum to all state survey agencies requiring that during the next standard survey of a nursing home, whether a Traditional or Quality Indicator...more

Privacy Tip #48 – Watch Your Amazon Prime Now Account for Hacked Purchases

Those of you with Amazon Prime Now accounts love the convenience of getting goods delivered to your home RIGHT NOW, well at least within hours until Amazon drones become common place....more

Illinois District Court Dismisses TCPA Claim Because Calls Were Not Unwanted or Unwelcome

Telephone Science Corp. v. Asset Recovery Solutions, LLC, No. 15-cv-5182, 2016 WL 4179150 (N.D. Ill. Aug. 8, 2016) Plaintiff operates a service called “Nomorobo” designed to help consumers avoid incoming robocalls by...more

HEI Hotels & Resorts Investigating Malware Intrusion

HEI Hotels & Resorts (HEI), which include Hyatt, Sheraton, Marriott and Westin Hotels have notified individuals who purchased food and beverages at 20 locations in 10 states and the District of Columbia that their credit card...more

Dismissal of TCPA Claims for Lack of Standing Does Not Mandate Remand to the State Court

After granting summary judgment for lack of standing against a plaintiff who bought multiple cell phones and numbers for purposes of filing TCPA lawsuits, the Court was faced with a Motion to Amend Judgment wherein Plaintiff...more

Aer Lingus Warns Customers About Social Media Scam

Social media users should beware of online scams purporting to offer free Aer Lingus flights. One scam asks users to fill out a questionnaire for a chance to win Aer Lingus tickets in celebration of Aer Lingus’ 80th...more

Georgia District Court Dismisses TCPA Claim Due To Human Intervention

Colette Jenkins v. MGage, LLC, No. 1:14-cv-2791-WSD (N.D. Ga. Aug. 12, 2016) - Plaintiff filed this TCPA lawsuit after receiving 150 text messages over an approximately one year period during which she tried to stop...more

FCC Allows for Greater Use of Robo-Calls By School Districts

The Federal Communication Commission (FCC) has issued a ruling that clarifies the application of the Telecommunications Consumer Protection Act (TCPA) to schools to allow automated calls and texts to parents in the case of...more

FCC Holds Educators and Utilities Making Certain Robo Calls Do Not Violate The TCPA

On August 4, 2016, the FCC released a Declaratory Ruling confirming that schools and utilities making robo calls do not violate the TCPA under certain circumstances. The Ruling, addressed Petitions filed by Blackboard, Inc....more

TCPA Connect - August 2016

FCC Issues Report and Order on Budget Act Exemptions - On August 11, 2016, the Federal Communications Commission issued a Report and Order implementing Section 301 of the Bipartisan Budget Act of 2015, which amended the...more

EU General Data Protection Regulation: Are You Prepared?

On April 27, 2016 the European Council and Parliament adopted a new data protection law: the General Data Protection Regulation (GDPR). The following briefing is a summary of key issues and a checklist of initial tasks to...more

The FCC’s 2016 BBA Implementing Ruling Digested (Volume I): The 10 Things You NEED to Know Before Making Calls to Collect on...

On August 11, 2016 the FCC issued its long-awaited ruling implementing the 2016 Bi-Partison Balanced Budget Act (“BBA”) Amendment that carved out collection calls on government-backed debt from TCPA coverage. In re Rules &...more

FCC Issues TCPA Compliance Ruling for School-Related Calls

Last Thursday, the Federal Communications Commission (the “FCC” or “Commission”) issued a Declaratory Ruling addressing certain Telephone Consumer Protection Act (“TCPA”) compliance concerns raised by educational technology...more

Top Privacy Cases of 2016: Midyear Report

Law360, New York (July 1, 2016, 12:12 PM ET) -- The U.S. Supreme Court made a big splash this year establishing a murky threshold for standing that has already been widely cited by both sides of the bar, while consumers...more

FCC Outlines Exemptions from the TCPA for Schools and Utilities

On Thursday, Aug. 4, the FCC granted organizations representing schools and utilities significant relief from liability under the Telephone Consumer Protection Act—a law that subjects callers to substantial penalties if they...more

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