Privacy Communications & Media Civil Remedies

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Privacy in a Connected World: The Celebrity Threesome Injunction

In January, a celebrity applied for an injunction against an English tabloid newspaper that wished to publish an article about a three-way sexual encounter. This case subsequently went all the way to the Supreme Court, and in...more

French Data Protection Wants to Force Google to Extend the Right To Be Delisted to All the Search Engine’s Extensions

On March 10, 2016, the French data protection agency (« CNIL ») pronounced a €100.000 ($111,715) fine against Google Inc. for failure to comply with its formal injunction of May, 2015 ordering the company to extend delisting...more

Federal Court Issues $1 Million Contempt Award for Repeated Cell Phone Unlocking Misconduct

On March 18, United States District Judge Ursula Ungaro of the United States District Court for the Southern District of Florida entered an order against a Hong Kong-based company that was improperly distributing prohibited...more

FTC Plays Hard Ball, Fines LifeLock for Violating Customer Privacy Order

The Federal Trade Commission recently demonstrated the repercussions companies can face when they violate an order requiring them to improve security measures with their customers’ personal information. LifeLock, a...more

Hulk-Sized Damages in Sex Tape Privacy and Publicity Case

In 2006, Terry Gene Bollea, better known as “Hulk Hogan,” had sex with his best friend’s wife, Heather Clem. Apparently unbeknownst to either of them, his best friend Todd Alan Clem, now legally known as “Bubba the Love...more

Will Tender of Full Amount of Named Plaintiff’s Claim Moot a TCPA Class Action?

In Campbell-Ewald Co. v Gomez, 136 S.Ct. 663 (2016), the Supreme Court held that Rule 68 offers of judgment to a class representative do not moot a class action. The Supreme Court left open the possibility that an actual...more

TCPA Connect - March 2016

Prior Express Consent Exists When Cellphone Number Is Shared With Intermediary - Joining other federal appellate courts, the Sixth Circuit Court of Appeals recently held that prior consent that is provided indirectly to...more

The Law Behind the Hulk Hogan $140 Million Verdict Against Gawker

A few days ago, a jury in Florida awarded Hulk Hogan (real name Terry Bollea)  $140 million because Gawker posted a leaked sex video of the former wrestler. Rather than focus on the lurid details (which you can Google), let’s...more

Hulk Hogan Wins Big Verdict

In what might be a cautionary tale of the privacy risks for organizations who do business in buying and selling information, last Friday, a Florida jury awarded Hulk Hogan, whose true name is Terry Bollea, $115 Million in...more

German Federal Supreme Court specifies monitoring duties of online rating portals

In a Judgment dated 1 March 2016, case no. VI ZR 34/15, the German Federal Supreme Court (“FSC”; Bundesgerichtshof – BGH) specified the scope of monitoring duties of an online rating portal for medical professionals in...more

TCPA Connect - February 2016

FCC Confirms Different TCPA Liability Analysis for Text, Fax Broadcasters - Denying a petition filed by Club Texting, Inc., the Federal Communications Commission said it will keep its current liability analysis under the...more

‘Happy Birthday to you,’ Facebook hit with class action over text message reminders

“Today is [Facebook friend’s] birthday. Reply to post a wish on her Timeline or reply with 1 to post ‘Happy Birthday!’” Facebook, Inc. (Facebook) faces a class action in California federal court for alleged violations of the...more

Hold the Phone! Obtaining Prior Consent under the TCPA Before Calling/Texting/Faxing Consumers

The Telephone Consumer Protection Act (TCPA) impacts any business that contacts consumers by phone, text or fax. Among other things, it limits the ability to place calls and send texts to consumers using an automatic...more

U.S. Government Challenges Preliminary Injunction On NSA Surveillance Program: Update On Klayman v. Obama

On Monday, January 4, 2016, the U.S. government filed a motion in Klayman v. Obama to vacate the preliminary injunction granted by the U.S. District Court for the District of Columbia that limited the National Security...more

FCC Reaffirms Potential TCPA Liability for Text Message Platforms

On January 11, 2016, the FCC’s Consumer and Governmental Affairs Bureau released an order denying a petition by a text message platform provider for a declaratory ruling that the Commission should evaluate TCPA liability for...more

Ninth Circuit Poised to Address the “Without Authorization” Debate under the Computer Fraud and Abuse Action Again

Imagine if you could manage all of your social media platforms on one app. Believe it or not, there was an app for that (or, at least a website), created by a company named Power Ventures (“Power”). Back in 2008, Power...more

Western Union to pay $8.5 million for alleged TCPA violations

Western Union will pay $8.5 million to settle alleged violations of the Telephone Consumer Protection Act (TCPA) when it sent consumers unsolicited text messages advertising an “opt-in” for receiving periodic automated...more

GAME OF (STICKS &) STONES – Prior Restraint & Online Defamation

In previous posts, we have explored several aspects of internet defamation – including suing anonymous internet and twitter users and the protections afforded to internet users and providers for re-publishing content under...more

TCPA Connect - August 2015

New Bill Would Create Criminal Penalties for TCPA Violations - Could telemarketers be facing jail time for violations of the Telephone Consumer Protection Act? The answer might be "yes" if a bill introduced by Sen....more

Advertising Law - July 2015 #4

FTC And Florida AG Team up Against Medical Alert Systems - Together with the Florida Attorney General, the Federal Trade Commission filed suit against Lifewatch for allegedly using deceptive robocalls to urge older...more

Advertising Law - July 2015

Try, Try Again: Lawmakers Reintroduce Do Not Track Kids Act - A group of federal lawmakers reintroduced the Do Not Track Kids Act, a bill to amend the Children’s Online Privacy Protection Act (COPPA), with some changes...more

Recent Decisions Narrow Scope of Liability under Video Privacy Protection Act

Two significant decisions under the Video Privacy Protection Act (VPPA) in recent weeks have provided new defenses to companies alleged to have run afoul of the statute. Bringing the long-running litigation against Hulu to a...more

Scope for damages for data protection violations in the UK widened by the Court of Appeal

The English Court of Appeal recently gave judgement in a case arising out of the tracking of Internet behaviour via a web browser. In Vidal-Hall v Google1, the Court of Appeal found that...more

The New Wave of Data Breach Settlements

4.8 million. 10 million. 15 million. 25 million. Before 2014, these large numbers were likely to represent the number of individuals affected by a data breach. Today, they are the dollar figures that companies must spend to...more

Jury awards plaintiff $12,000 for Dish Network’s TCPA violations

On April 2, 2015, Ohio U.S. Magistrate Judge Stephanie K. Bowman ruled for the plaintiff, Benjamin Maraan, in his Telephone Consumer Protection Act (TCPA) case against Dish Network LLC (Dish). Maraan was awarded $12,000 for...more

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