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Consumer Protection Communications & Media Science, Computers & Technology

Read Consumer Protection updates, news, and legal commentary from leading lawyers and law firms:

Advertising Law - July 2017 #4

‘World’s Best’ Is Puffery, Not Objectively Provable Claim - The claim “World’s Best Glass Cleaner” is puffery, the National Advertising Division decided in a challenge brought by S. C. Johnson & Son Inc. against advertiser...more

TCPA Connect - July 2017

Yet Another Blow to Spokeo Strategy in TCPA Cases - Consistent with the growing trend among lower federal courts, the U.S. Court of Appeals, Third Circuit recently reversed a district court order in Susinno v. Work Out...more

FTC Reaffirms that IoT Devices Must Comply with COPPA

The Internet of Things (“IoT”) can be thought of as a group of different devices that can communicate with each other, perhaps over a network such as the internet. We have written extensively about many of the privacy...more

The Third Circuit Holds That A Single Prerecorded Call Counts As A Concrete Injury For Purposes Of Article III Standing

by King & Spalding on

On July 10, 2017, the U.S. Court of Appeals for the Third Circuit concluded that receiving a single prerecorded call constituted a concrete injury for the purposes of Article III standing....more

Third Circuit Rules that a Single Voicemail on a Cell Phone is Sufficient to Confer Standing for a TCPA Claim

by Hinshaw & Culbertson LLP on

In another court's journey into the murky waters of constitutional standing post-Spokeo, the Third Circuit Court of Appeals concluded that one single voicemail on a consumer's cell phone is sufficient to confer standing under...more

Fintech Firm Shut Down and Fined by the FTC

by Carlton Fields on

A financial technology firm and its CEO have agreed to pay $104 million to resolve the FTC’s allegation that they misled consumers into providing sensitive personal and financial information, which was later sold without...more

Privacy Tip #95 – Echo Show Drop In Feature

I don’t own an Echo, and Alexa is not listening to all of the conversations in my home. If that were the case, I would have no credibility in writing weekly Privacy Tips....more

TCPA Connect - June 2017 #2

Revocation? Think Again. - On Thursday, the U.S. Court of Appeals, Second Circuit issued what might be the most business-friendly Telephone Consumer Protection Act (TCPA) decision we have seen in a long time in Reyes v....more

FTC Updates COPPA Guidance

by Ballard Spahr LLP on

The Federal Trade Commission (“FTC”) released an updated version of its guidance on complying with the Children’s Online Privacy Protection Act (“COPPA”) on June 21, 2017. Companies that collect personal information from...more

Get ready for changes to Canada’s anti-spam law

July 1, 2017, is not just Canada’s 150th birthday. It is also the day when important changes to Canada’s anti-spam law (“CASL”) come into force. CASL gets much tougher on July 1, 2017, the 150th anniversary of Confederation....more

Retail and Consumer Products Law Roundup - June 2017

Revocation? Think Again. - On June 22, the U.S. Court of Appeals, Second Circuit issued what might be the most business-friendly Telephone Consumer Protection Act (TCPA) decision we have seen in a long time in Reyes v....more

FTC Issues Update on COPPA

Last week, the Federal Trade Commission (FTC) issued a six-step compliance plan to assist businesses with compliance with the Children’s Online Privacy Protection Act (COPPA). It provides clarity on who is covered by and must...more

Advertising Law - June 2017 #5

Full Disclosure: Instagram to Help Influencers With Compliance - On the heels of dozens of letters sent by the Federal Trade Commission (FTC) to influencers and marketers, cautioning them to make appropriate disclosures on...more

Federal Trade Commission Obtains Judgment Against Robocallers

by King & Spalding on

On Wednesday, May 31, 2017, the Federal Trade Commission (“FTC”) secured default judgments against an individual responsible for hundreds of millions of illegal “robocalls” and nine companies he controlled, resulting in a...more

Why Updating The Electronic Communications Privacy Act Poses Difficulties

by Revision Legal on

The privacy of electronic communications is provided for under the Electronic Communications Privacy Act. There are limited circumstances in which ISPs may disclose the contents of electronic and stored digital...more

Second Circuit Says No to Unilateral Revocation of TCPA Consent to Contact, Citing Contract Principles

by Hinshaw & Culbertson LLP on

The Second Circuit Court of Appeals has split with the Third Circuit, the Eleventh Circuit, and the Federal Communications Commission (FCC), and utilized contract principles to hold that a consumer may not necessarily have...more

Second Circuit Rejects TCPA Lawsuit Holding Plaintiff’s Consent to Receive Calls Was Irrevocable

by King & Spalding on

The Telephone Consumer Protection Act (“TCPA”) generally prohibits automated or prerecorded calls to cellular phones, absent the recipient’s express consent. Although other courts and the Federal Communications Commission...more

California Bill Would Re-Outlaw ISPs’ Sale Of Subscribers’ Personal Information

by King & Spalding on

California Bill Would Re-Outlaw ISPs’ Sale Of Subscribers’ Personal Information – On June 19, 2017, California Assemblyman Ed Chau (D-Monterey Park) introduced a bill that would restrict Internet service providers (“ISPs”)...more

FTC Comments On Guidance To Improve IoT Device Security

by King & Spalding on

On June 19, 2017, the Federal Trade Commission (“FTC”) submitted public comments recommending modifications to draft guidance to improve the security of Internet of Things (IoT) devices by having IoT manufacturers better...more

FTC Submits Comments on IoT Security

by Morgan Lewis on

The Federal Trade Commission (FTC) submitted public comments to the US Department of Commerce’s National Telecommunications and Information Administration (NTIA) in connection with the NTIA’s draft guidance on improving the...more

Advertising Law - June 2017 #4

Website, Mobile App Get Changes Thanks to CARU - A new decision from the Children’s Advertising Review Unit demonstrates the self-regulatory body’s efforts to work with a mobile application and website operator to ensure...more

Advertising Law - June 2017 #2

BART’s App Crashes Into Privacy Suit - San Francisco’s mass transit organization crashed into a class action in which the plaintiff alleged that its mobile app has been illegally collecting personal information from users....more

Mobile Apps: Key Privacy, Security and Data Collection Considerations

by Patrick Law Group, LLC on

Over the past three years, mobile application usage in the U.S. has increased by 111%, and over 50% of digital media consumption in the U.S. is now through mobile apps. As consumer use of mobile apps continues to rise, the...more

New OCC FAQs on third-party relationships highlight bank arrangements with fintech companies and marketplace lenders

by Ballard Spahr LLP on

The Office of the Comptroller of the Currency has issued a new bulletin (2017-21) containing fourteen frequently asked questions to supplement OCC Bulletin 2013-29 entitled “Third-Party Relationships: Risk Management...more

French Data Protection Authority Clarifies Responsibilities for the Use of Cookies in Online Advertising

by Jones Day on

In the online advertising sector, achieving a successful advertising campaign often involves implementing cookies (small files stored on computers or mobile devices that contain information on the user's browsing history),...more

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