Consumer Protection Communications & Media Privacy

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Trick Or Treat: Cookies And Consumer Privacy In Online Advertising

The proliferation of online goods and services means consumer data is available to those with a need or interest in possessing it. One method providers and third party partners employ to collect online consumer data is the...more

Lyft Faces Second Wave of TCPA Litigation for Sending Autodialed Texts

Lyft, Inc. – the popular ride hailing service featuring the iconic pink moustache – is facing a second class action lawsuit in California alleging violations under the Telephone Consumer Protection Act (“TCPA”)....more

Federal Court Finds That 2015 TCPA Safe Harbor Applies to Automated Flu Shot Reminders

A recent decision from a federal court in California found that a retail pharmacy’s “flu shot reminder” calls to mobile phones fall within the FCC’s TCPA safe harbor for exigent health care treatment messages. But the holding...more

Class Action Filed Against Indianapolis Colts over App

This month, the Indianapolis Colts, app developer Yinzcam, Inc., and ultrasonic technology provider Lisnr, Inc., were hit with a federal class action lawsuit in Pennsylvania for violating the Electronic Communications Privacy...more

Guidelines for Privacy Certifications and Trustbrands

Privacy certifications, or “trustbrands,” are seals licensed by third parties for organizations to place on their homepage or within their privacy policy. The seals typically state, or imply, that the organization which has...more

HHS-OCR Announces Guidance On HIPAA Compliance And Cloud Computing

On October 6, 2016, the Department of Health and Human Services Office for Civil Rights (“OCR”) issued guidance on complying with HIPAA privacy, security, and breach notification rules when using cloud computing technology...more

How Can Yahoo E-Mail Scanning Impact the EU-U.S. Privacy Shield?

Reuters reported earlier this month that, according to three former employees, Yahoo Inc. had “complied with a classified U.S. government demand, scanning hundreds of millions of Yahoo mail accounts at the behest of the NSA...more

Illinois District Court Denies Motion to Certify TCPA Class Action

In the consolidated cases Espejo v. Santander Consumer USA Inc., No. 11 C 8987, 2016 WL 6037625 (N.D. Ill. Oct. 14, 2016) and Levins v. Santander Consumer USA Inc., No. 12 C 9431, 2016 WL 6037 (N.D. Ill. Oct. 14, 2016), the...more

Advertising Law - October 2016 #3

YouTube Adds Sponsored Content Notification Feature - To help influencers achieve compliance with the necessary disclosures about their relationships with advertisers, YouTube has unveiled a new tool to provide notice to...more

New Tool in Calif. AG’s Privacy Enforcement Efforts: Consumers

California Attorney General Kamala Harris is enlisting new enforcers in her efforts to get companies to comply with the state’s privacy policy requirements: members of the public. On October 14, Harris released an online...more

Attorney General Kamala D. Harris Provides New Online Tool to Report California Online Privacy Protection Act (CalOPPA) Violations

It’s time for a compliance check on those website or mobile app privacy policies, before the California Attorney General comes knocking. Attorney General Kamala D. Harris has announced the release of a new tool for...more

D.C. Circuit Weighing FCC’s Controversial 2015 TCPA Declaratory Ruling

Yesterday, a panel of the D.C. Circuit—composed of Judges Srinivasan and Pillard and Senior Judge Edwards—heard argument in ACA International v. FCC, the consolidated appeals from the FCC’s 2015 Declaratory Ruling and Order,...more

Transatlantic Data Transfer: An Update

The EU-US Privacy Shield, designed to protect EU citizens’ personal data when it is transferred to US organisations, has now been in place for a couple of months. How is it shaping up?...more

Advertising Law - October 2016 #2

No Shades of Gray in Order Banning Supplement Claims - In a case based on a referral from the National Advertising Division, the Federal Trade Commission obtained summary judgment and a final order against an advertiser...more

FCC Sets Out Revised Privacy Rules For Broadband Providers

On Thursday October 7, 2016, the Chairman of the Federal Communications Commission (“FCC”), Tom Wheeler, announced a proposal for new privacy rules for broadband providers in a post on the FCC’s website. Chairman Wheeler...more

FCC Chairman Moves to Regulate Broadband Consumer Privacy

On October 6, Federal Communications Commission (FCC) Chairman Tom Wheeler released a factsheet outlining proposed rules aimed at protecting broadband consumers’ privacy. The proposed rules would apply to internet service...more

Everalbum's User Referral Program Compliant Under TCPA

Photo sharing and storage app Everalbum, and other social media apps that send SMS invitations to a user’s contacts to download the app only at the user’s direction comply with all applicable laws, according to the courts and...more

Southern District of California Holds Charge for Incoming Call Does Not Create Standing to Assert TCPA Claim

Plaintiff filed suit, placing at issue a single call to his cell phone using an ATDS, and attempting to represent a class of similarly situated individuals. The only allegation in the Complaint arguably relating to injury was...more

Spokeo, Inc. v. Robins and the TCPA: The Fallout is as Clear as “Concrete”

In the wake of Spokeo, Inc. v. Robins, 136 S.Ct. 1540 (May 16, 2016), the Supreme Court decision that had the chance to be legendary, but instead settled for punting back to the Ninth Circuit Court of Appeals, we are left...more

Part II - TCPA: Litigation - “But it’s an email!” — Potential Defense to TCPA Fax Blast Class Actions

A traditional fax machine is more and more giving way to email “desktop faxing” or efaxing. We know the TCPA covers the former, but does it also cover the latter? Understanding the subtle distinctions to this question and its...more

FTC Bureau Director Highlights Continuing Health-Related Enforcement, Homeopathic Guidance, and ROSCA at NAD Conference

Jessica Rich, Director of the FTC’s Bureau of Consumer Protection, highlighted the agency’s enforcement priorities at the National Advertising Division’s annual conference earlier this week. Key mentions included the...more

Recent FTC Consent Decree with InMobi for Unlawful Geolocational Tracking Provides Insight for App Developers

Recently in United States v. InMobi Pte Ltd., the Federal Trade Commission (FTC) set a new standard for geolocational tracking. The FTC told app developers and app marketers one simple rule: honor consumers location privacy...more

District Courts Find Impermissible “Fail-Safe” Class Definitions But Deny Motions to Strike Class Allegations

Two recent decisions from the Eastern District of Illinois involving the Telephone Consumer Protection Act (TCPA), decided a day apart, provided valuable insight as how this court will respond to motions to strike class...more

Cruise Line to Pay up to $76 Million to Settle TCPA Violations

Caribbean Cruise Line Inc., The Berkley Group Inc., and Vacation Ownership Marketing Tours, Inc. settled a Telephone Consumer Protection Act (TCPA) class action last week for up to $76 million (and not less than $56 million)....more

FTC sets new standard for mobile app location tracking – indirectly

If you have wondered how users' physical locations can be tracked when they use mobile devices, a new white paper explains the process. It's actually an FTC complaint, and thus a white paper only indirectly. But...more

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