Communications & Media Privacy

Read need-to-know updates, commentary, and analysis on Communications & Media issues written by leading professionals.
News & Analysis as of

Privacy Perils: Beware the Email Top-Level Domain

By now we all know to double check email addresses for errors before hitting send. People typically check to make sure the name is correct and that the email is going to the right individual – john.doe@client.com instead of...more

Blue Shield Avoids TCPA-Related Liability

A federal court in California recently granted a summary judgment motion filed by Blue Shield of California (“Blue Shield”), allowing it to avoid liability for alleged violations of the Telephone Consumer Protection Act...more

Advertising Law - January 2017

SPECIAL FOCUS: Memories Light the Corners of Regulators' Minds - The Federal Trade Commission and the Attorney General for the State of New York (NY AG) recently filed a joint lawsuit against Wisconsin based Quincy...more

EU Court Strikes Down Security Legislation Over Privacy Concerns

In a decision published on 21 December 2016, the Court of Justice of the European Union (“ECJ”) invalidated legislation in two EU member states – the UK and Sweden – requiring telecommunication operators to retain users’...more

Do Routine Calls by Health Plans to Patients and Health Plan Members Constitute “Telemarketing” Under the Telephone Consumer...

Covered entities have a long list of laws and regulations governing their conduct, including their communications with patients, customers, and members. Specifically, the Health Insurance Portability and Accountability Act...more

Privacy Tip #70 – Renters: Check out This Scam Thwarted by the FTC

I know a lot of people who have looked for and been successful in finding an apartment and/or a roommate on Craigslist. If you are looking for an apartment on Craigslist right now—listen up....more

Enough is Enough: Court Dismisses TCPA Class Action Against A Health Plan That Placed Reminder Calls To Its Members That They...

Plaintiffs across the country have continued to file class actions against companies of all stripe for violation of the Telephone Consumer Protection Act (“TCPA”), often for communications far afield from the classic...more

Los Angeles Community College Pays Ransomware to Retrieve Data

On December 30, 2016, the Los Angeles Community College computer network was kidnapped by cyber criminals requesting a ransom for its return. The ransomware encrypted the college’s entire network system, including...more

EU Proposes Overhaul to Privacy and Electronic Communications

January 10, 2017 marked another important step towards reform of the EU data protection framework, with the release of the EU Commission’s proposals for a new Regulation governing privacy and electronic...more

TCPA Connect - January 2017

A California federal court judge issued a pair of rulings resulting in a split decision for Telephone Consumer Protection Act defendant Dick's Sporting Goods. Although the court denied the national retailer's motion to...more

FTC Announces Settlement of Two Big Robocall Lawsuits

Last Friday, the Federal Trade Commission (“FTC”) announced settlements in two separate robocall lawsuits commenced against businesses and their respective principals for the alleged placement of telemarketing calls to...more

Bullet Points on a Primer: The Quick Version of the Sedona Conference’s Data Privacy Primer

The Sedona Conference has just published the public comment version of its Data Privact Primer, a publication of its very active Working Group on Data Security and Privacy Libaility. The primer is excellent. ...more

Studies Show Ransomware up 6,000% and Reaps Billions and Phishing Emails are Used in 91% of all Cyber-Attacks

A recent IBM study shows that ransomware increased 6,000 percent in 2016 over 2015. According to the report, ransomware was present in almost 40 percent of all spam email messages....more

Client Alert: Action Needed by Organizations whose Websites allow User Postings

Businesses and nonprofits that operate a website or other online presence (mobile app, blog, portal, game, etc.) where users may post content (for example, in a user forum) will need to take action in 2017 in order to obtain...more

EU e-Privacy Regulation Raises Stakes for Compliance

The European Commission's proposed e-privacy regulation sets forth obligations on handling electronic communications and clarifies obligations for seeking consent for the use of cookies. Meant to bring the e-privacy directive...more

DSM Watch: European Commission's data package explores data ownership, localization, liability and portability, highlighting...

On January 10, 2017, the European Commission released a Communication, a fact sheet, a working document and a public consultation relating to Europe’s “data economy”. The fact sheet states that “data is a new type of...more

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

Privacy Tip #69 – Hit with Ransomware? To Pay or Not to Pay

Every day I get a call from a client asking for help involving ransomware. Friends have called in a panic when that dreadful message comes up on the screen informing you that you are the victim of ransomware with instructions...more

European Commission Proposes New Privacy Rules for Electronic Communications

On January 10, 2017, the European Commission presented its proposal for a Regulation on Privacy and Electronic Communications (the “Proposed Regulation”). The Proposed Regulation would repeal and replace Directive 2002/58/EC...more

Sessions Commits to Enforcing USA FREEDOM Act

On Tuesday, January 10, 2017, in his confirmation hearing before the Senate Judiciary Committee, Senator Jeff Sessions, (R., AL), the president-elect’s nominee to lead the Department of Justice (DOJ), said that he intends to...more

Class Action Quarterly Update - Fall 2016

Class action filings during the fall of 2016 continued to be dominated by Telephone Consumer Protection Act (“TCPA”) cases. As of October 1, 2016, nearly 150 cases have been filed; these filings are both daily in frequency...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

New Notice and Consent Rules under Proposed EU e-Privacy Regulation

The European Commission has released its proposal for a new EU e-Privacy Regulation that will replace the existing e-Privacy Directive. The high level aim of the draft e-Privacy Regulation is to harmonise the specific...more

Your Company's Website Privacy Policy Probably Needs a Refresh (Before February 1, 2017)

As 2016 has come to a close, now is a good time to take stock of new disclosure obligations for website privacy policies introduced over the course of the year. It is likely that if your company’s privacy policy has not been...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

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