News & Analysis as of

Consumer Protection Privacy

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

Hey, Alexa: What’s New in Children’s Privacy?... FTC Updates COPPA Guidance

Trying to keep pace with developments in internet-connected toys and other devices for children, the Federal Trade Commission (“FTC”) announced June 21, 2017 that it has updated its guidance, a “Six-Step Compliance Plan for...more

Oregon Ramps up State Consumer Protections in an Era of Deregulation

Oregon’s legislature recently expanded the scope of statutory consumer protections by passing a bill to amend the state’s Unlawful Trade Practices Act (the “Act”). Recently, Oregon’s Governor Kate Brown signed H.B. 2090 into...more

The GDPR and the Bottom Line: How the EU Data Privacy Regulation Will Affect U.S. Companies’ Data Collection and Processing...

For U.S. companies which do business in Europe or who process the personal data of European Union residents, the world of data privacy and security is about to get much more complicated. While U.S. privacy law is unsettled,...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 Holds That TCPA Does Not Permit Unilateral Revocation of Consent Obtained Contractually

by Ballard Spahr LLP on

The U.S. Court of Appeals for the Second Circuit recently held, in Reyes v. Lincoln Automotive Financial Services, that the Telephone Consumer Protection Act (TCPA) "does not permit a consumer to revoke its consent to be...more

Anthem Agrees to Pay Over $100 Million to Settle Data Breach Lawsuit: Cybersecurity Trends

by CloudNine on

One of the most notable data breaches in recent years was the one suffered by health insurer Anthem involving the personal information of nearly 80 million individuals. It looks like they are going to pay up big to make the...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

Hogan Lovells Obtains Major TCPA Consent Revocation Victory

by Hogan Lovells on

On June 22, 2017, in Reyes v. Lincoln Automotive Financial Services, the U.S. Court of Appeals for the Second Circuit agreed with Hogan Lovells attorneys representing the defendant and held that the Telephone Consumer...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

FTC Updates COPPA Guidance for Businesses

On June 21, 2017, the FTC updated its COPPA Compliance Guidance for businesses. The new guidance includes new descriptions of services and products covered by COPPA, and new methods for obtaining parental consent....more

11th Circuit Hears Oral Argument in LabMD Case

Recently, the United States Court of Appeals for the Eleventh Circuit, sitting in Miami, heard oral argument in the case of LabMD, Inc. v. Federal Trade Commission, No. 16-16270. ...more

Working with Data Brokers?  Consult a Privacy Lawyer

by Klein Moynihan Turco LLP on

This month, Trusted Media Brands, Inc. (“TMBI”) – the publisher of Reader’s Digest, Every Day with Rachael Ray and other popular magazines – settled a federal class action lawsuit in Manhattan for over $8 million, reinforcing...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

The State AG Report Weekly Update

by Cozen O'Connor on

Charities- New York Attorney General Reaches Settlement with Breast Cancer Charity over Fraud Allegations- New York AG Eric Schneiderman reached a settlement with the Breast Cancer Survivors Foundation, Inc. (“BCSF”)...more

Queen’s Speech confirms (new) data protection law for the UK

by Dechert LLP on

The Queen’s Speech on 21 June 2017 confirmed the government’s plans for a new data protection law ensuring "that the United Kingdom retains its world-class regime protecting personal data". ...more

FTC Submits Comment To Aid NTIA In Developing Internet of Things Guidance

by Ballard Spahr LLP on

In its latest effort to address security concerns about Internet of Things (IoT) devices, the Federal Trade Commission (FTC) has submitted public comments to the National Telecommunications and Information Administration's...more

Significant Rise In Data Privacy Breach Fines In The UK In 2016

by King & Spalding on

A report by professional services firm PwC, using figures from the UK’s Information Commissioner’s Office (“ICO”), confirmed that the number of fines handed out for breaking UK data protection laws almost doubled last year,...more

A question of harm: LabMD to face off with FTC at 11th Circuit

In a consequential test of the Federal Trade Commission’s authority as a data security regulator, the U.S. Court of Appeals for the Eleventh Circuit will hear argument tomorrow in a case that will determine whether the agency...more

Oregon’s amendment of the Unlawful Trade Practices Act makes privacy policies and consumer contracts required reading.

Effective May 25, 2017, privacy statements that are “materially inconsistent” with how you handle consumer information violate a new amendment of the Oregon Unlawful Trade Practices Act (“UTPA”). A consumer may file a...more

Going Down For A Third Time – Barnes & Noble Consumer Data Breach Claims Are Dismissed Again for Lack of Injury

Despite some courts’ evident confusion about the impact of payment card theft on consumer cardholders, other courts are getting it right. Just this week, a judge in the Northern District of Illinois issued an order dismissing...more

French Data Protection Authority Approves Implementation of Biometric Authentication Tools in Banking Sector

by Jones Day on

On May 29, 2017, the French Data Protection Authority (Commission Nationale Informatique et Libertés, or "CNIL") announced that it had authorized nine banking institutions to implement, on an experimental basis,...more

Canadian Government Suspends Implementation of Private Right of Action Under CASL

Our previous alert regarding changes to Canada’s Anti-Spam Legislation (“CASL”) previewed two important changes that were to come into effect as of July 1, 2017...more

Dish Network hit with record $280 million civil penalty and far-reaching injunctive relief for do not call violations

by Ballard Spahr LLP on

An Illinois federal judge ordered Dish Network to pay the federal government $168 million for violating the FTC’s Telephone Sales Rule (“TSR”). The judgment is the largest civil penalty ever obtained for a violation of the...more

OCR Publishes Checklist and Infographic for Cyber Attack Response

OCR released a simple checklist and infographic last week to assist Covered Entities and Business Associates with responding to potential cyber attacks. As cybersecurity remains a pressing concern for health care entities,...more

Class Certification Denied in TCPA Fax Class Action Due to Dishonesty

by Klein Moynihan Turco LLP on

On June 2, 2017, the United States District Court for the Northern District of Illinois denied class certification in a Telephone Consumer Protection Act (“TCPA”) putative class action. In doing so, the district judge chided...more

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