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

The FTC and Industry Propose Best Practices for IoT Security Updates

by Hogan Lovells on

How do you ensure that an Internet-connected sensor or device—often inexpensive and designed for lifespans of up to 20 years or more—can be secured against not only the intrusions of today but also those of the future? This...more

Companies Potentially Liable for Independent Contractors & Third-Party Vendors

by Selman Breitman LLP on

On August 9, 2017, the Ninth Circuit published an opinion analyzing the factors used to determine when a company may be liable for the actions of third parties acting as its agents in Jones v. Royal Administration Services,...more

Nevada Becomes Third State with Privacy Policy Law

Joining the ranks of California and Delaware, the state of Nevada adopted a new law mandating that, beginning Oct. 1, websites and other online services post a privacy policy....more

Apple Takes Bite From Data Security False Ad Suit

Apple scored a victory in a data security suit when a California federal court judge denied a plaintiff’s motion to certify a class of consumers asserting false advertising claims....more

Privacy Perils: The Price of Consumer Loyalty

by Bass, Berry & Sims PLC on

People love a good discount, which is why almost 75% of adult Americans are signed up for at least one customer loyalty program. We love to rack up points with airlines for a seat upgrade, get a free Starbucks latte on our...more

FTC Blog Posts Offer Security Guidance

In an effort to provide insight into the Federal Trade Commission’s data security principles, the agency pledged to each week share a new blog post with lessons for businesses....more

FTC Asked to Investigate Google’s Matching of “Bricks to Clicks”

Recently, the Electronic Privacy Information Center (“EPIC”) asked the FTC to begin an investigation into a Google program called “Store Sales Management.” The purpose of Store Sales Management is to allow for the matching...more

FCC Proposes $82 Million Fine for Illegally “Spoofed” Robocalls

by Hogan Lovells on

The U.S. Federal Communications Commission has adopted a Notice of Apparent Liability (“NAL”) imposing a $82 million penalty against Best Insurance Contracts (d/b/a Wilmington Insurance Quotes) and its owner/operator Philip...more

Update on FCC Privacy Rules

We previously reported on the FCC’s 2016 Privacy Order, “Protecting the Privacy of Customers of Broadband and Other Telecommunications Services” impacting Internet service providers’ data privacy practices and obligations and...more

Highlights From DRI Class Action Seminar 2017 – Day Two

Here are my highlights from the second day of DRI’s 2017 Class Action Seminar: Class Action Waivers in Employment Agreements (Neal Katyal of Hogan Lovells) - Neal Katyal is a leading Supreme Court advocate and is litigating...more

Privacy Tip #99 – If you are an IoT Fanatic, this App is for You

Last January, the Federal Trade Commission (FTC) launched the IoT Home Inspector Challenge, a contest that requested participants to come up with a tool that would identify security issues that are caused by out-of-date...more

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

Revocation of Consent Under TCPA: Not So Fast

In a recent case under the Telephone Consumer Protection Act (TCPA), the U.S. Court of Appeals for the Second Circuit held that the TCPA does not permit a consumer to revoke prior consent to be contacted by telephone when...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

TCPA Class Action Against Twilio Dismissed; No Violation of TCPA if Text Message Sent to Complete a Transaction

Last week, a Washington federal judge, Robert S. Lasnik, dismissed a Telephone Consumer Protection Act (TCPA) class action against Twilio Inc. (Twilio) based on the finding that a text message did not constitute telemarketing...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

FCC Focuses on Consumer Protection From Robocalling and TCPA Violations

by Carlton Fields on

On July 13, the FCC issued a second notice of inquiry, following its March 23 adoption of a notice of proposed rulemaking, aimed at protecting consumers from robocalls. The rulemaking proposes express authorization for...more

The Third Circuit Holds That A TCPA Violation Alone Is Sufficient To Establish Standing

by Fenwick & West LLP on

The U.S. Court of Appeals for the Third Circuit has held that allegations that a customer received a single, unauthorized prerecorded sales voice mail on her cell phone in violation of the Telephone Consumer Protection Act...more

Sixth Circuit Blocks 'Junk Fax' Class Action Under Telephone Consumer Protection Act

by Pepper Hamilton LLP on

A recent decision by the U.S. Court of Appeals for the Sixth Circuit calls into question the viability of “junk fax” class actions brought under the Telephone Consumer Protection Act (TCPA) when the defendant company does not...more

You Can’t Always Get What You Want—Second Circuit Affirms Parties Can Bargain Away TCPA Right To Revoke Consent To Automated Calls

As the Rolling Stones famously sing, “You can’t always get what you want.” And in the ever treacherous world of the Telephone Consumer Protection Act (“TCPA”), 47 U.S.C. § 227, et seq., the Second Circuit has ruled that means...more

A TCPA Violation Confers Standing Under Spokeo in the 3rd Circuit

The United States Court of Appeals for the Third Circuit has concluded that an alleged violation of the Telephone Consumer Protection Act creates a sufficiently concrete injury to give a plaintiff standing to sue under...more

FCC Proposes Historic $120 Million Fine for Illegally "Spoofed" Robocalls

by Hogan Lovells on

The Federal Communications Commission has proposed a historic $120 million fine against an individual, Mr. Adrian Abramovich, who reportedly made more than 100 million unlawful “spoofed” robocalls in violation of the Truth in...more

Seventh Circuit Rejects Latest Attempt To Pick Off TCPA Plaintiffs

by Foley & Lardner LLP on

Defense counsel facing potential multimillion-dollar judgments from the threat of class action proceedings—particularly class actions brought under statutes providing for treble damages and attorney’s fees, such as the...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

FTC Settles Complaint Against Lead Generation Business Selling Consumers’ Sensitive Data

The Federal Trade Commission (FTC) has announced that it has settled its Complaint against operators of the lead generation business Global Media, LLC and its CEO Christopher Kay for $104 million. The judgment has been...more

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