Privacy Communications & Media Consumer Protection

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Federal Trade Commission Delivers Cross-Device Tracking Report Recommendations

The U.S. Federal Trade Commission’s (FTC) office recently published the Cross-Device Tracking: An FTC Staff Report. It provides an interesting look behind the curtains of the current operations in cross-device data tracking...more

FTC and 10 States Settle with Caribbean Cruise Lines for Robocall Accusations

Last week, the Federal Trade Commission (FTC) and ten states settled charges against the Florida-based cruise line, Caribbean Cruise Line, Inc. (CCL), for an illegal telemarking campaign that inundated consumers with billions...more

Retail and Consumer Products Law Roundup - February 2017

Ninth Circuit Tackles Several TCPA Issues in Gym Texting Case - Why it matters: Retailers communicate with their customers frequently as an essential part of their business. While these communications are typically...more

Advertising Law - February 2017 #4

Not-So-Smart TV: Vizio Settles Over Data Collection - For installing software on smart TVs and collecting viewing data on 11 million consumers without their knowledge or consent, Vizio, Inc. will pay the Federal Trade...more

Ninth Circuit: Redefining the Reach of Spokeo, and “Effective Consent” under the TCPA

The Ninth Circuit Court of Appeals recently held that, for purposes of the Telephone Consumer Protection Act of 1991 (TCPA), the scope of a consumer’s consent depends on the transactional context in which it is given. Van...more

Van Patten V. Vertical Fitness Is No TCPA Killer

The rise of Telephone Consumer Protection Act litigation in the past decade has been staggering. From just 14 cases in 2007, the number of TCPA-related filings has exploded to 4,860 in 2016 — a total that is expected to...more

Ninth Circuit to Decide Key TCPA Insurance Issue

The Ninth Circuit Court of Appeals recently heard oral argument in Los Angeles Lakers, Inc. v. Federal Insurance Company, a case raising the issue of whether an exclusion for invasion of privacy claims in a directors and...more

Sixth Circuit Denies Arbitration in TCPA Class Action for Calls to Past Customers

Phone calls made by a lawn care company after the termination of a customer's contract were beyond the scope of the parties' agreement to arbitrate any claim "arising from or relating to" their contract, the U.S. Court of...more

Government Accountability Office Issues Report On Department Of Homeland Security’s National Cybersecurity And Communications...

On February 1, 2017, the United States Government Accountability Office (“GAO”) published a report assessing the performance and effectiveness of the National Cybersecurity and Communications Integration Center (“NCCIC”) of...more

TCPA Violations Claimed Against Rady Children’s Hospital in San Diego

Rady Children’s Hospital-San Diego (Rady) was hit with a proposed class action in California federal court this week for alleged violations of the Telephone Consumer Protection Act (TCPA) for autodialed debt-collection calls...more

TCPA: The Next Wave of Class Action Lawsuits Asserts Consumer’s Right to Withdraw Consent to Receive Text Messages

Last year, we warned large and small companies about the proliferation of class action lawsuits brought by plaintiffs alleging violations of the New Jersey Truth-in-Consumer Contract, Warranty, and Notice Act (TCCWNA),...more

Ninth Circuit Weighs in on Prior Express Consent and Revocation of Consent

The Ninth Circuit recently weighed in on the limitations of prior express consent and revocation under the Telephone Consumer Protection Act (the “TCPA”). In Van Patten v. Vertical Fitness Group, LLC, the consumer provided...more

VIZIO Pays $2.2 Million for Viewing Histories on 11 Million Smart Televisions

The Federal Trade Commission (FTC) issued a press release on February 6, 2017 that it and the State of New Jersey have settled with Vizio for $2.2 million for claims that Vizio installed software on its smart TVs to collect...more

TCPA Class Certified Based Largely on “Concrete Injury” Determination

Following the United States Supreme Court’s decision in Spokeo Inc. v. Robins, 136 S. Ct. 1540, 1549 (2016) – which held that Article III standing requires a concrete injury, even when an injury has otherwise been established...more

FCC Releases Cybersecurity Risk Reduction White Paper

On January 18, 2017, during the final days of the Obama Administration, the Federal Communications Commission (“FCC”) released a white paper (the “FCC Paper”) on cybersecurity risk mitigation in communications networks. The...more

Big Brother and your TV – Vizio settles lawsuit with FTC and NJ Attorney General

Vizio sold more than 11 million smart televisions since 2010. These televisions contained tracking devices which captured consumers’ IP addresses and television watching practices without alerting consumers or getting their...more

FTC / DAA Extend Data Privacy Focus to Cross-Device Tracking

Enforcement of the Digital Advertising Alliance “Application of the Principles of Transparency and Control to Data Used Across Devices” (DAA Cross-Device Principles) officially began on February 1, just a week after the FTC...more

Blue Shield Of California Avoids TCPA Class Action Over Pre-Recorded Call

On January 13, 2017, the United States District Court for the Central District of California granted Blue Shield of California’s motion for summary judgment in a case on whether the insurer violated the Telephone Consumer...more

One More Reason to Call a Sweepstakes Lawyer

Last month, an Ohio federal district court refused to dismiss a putative class action lawsuit filed against Foot Levelers, Inc. (“Foot Levelers”) concerning the orthotics maker’s sweepstakes sponsorship and marketing...more

No Harm, But Foul? FTC Sues Internet of Things Maker D-Link for Security “Vulnerabilities” Despite No Allegations of Breach

Shortly after the new year, the Federal Trade Commission filed suit in the Northern District of California against D-Link Corporation, a Taiwan-based maker of wireless routers, Internet Protocol (IP) cameras, and software...more

Litigation Alert: The Ninth Circuit Holds That a Telephone Consumer Protection Act Violation Alone Is Sufficient To Establish...

This week, the U.S. Court of Appeals for the Ninth Circuit held that allegations that unsolicited advertisement text messages were sent in violation of the Telephone Consumer Protection Act (TCPA) established a concrete...more

Ajit Pai and the FCC’s Role in ISP Privacy Regulation under President Trump

On January 23, 2017, President Donald Trump named Ajit Pai as Chairman of the Federal Communications Commission (FCC). In his previous role as the senior Republican on the FCC under President Barack Obama, Mr. Pai was an...more

Trump’s New FCC Chairman Ajit Pai May Drain the TCPA Swamp

In one of his first official actions, newly elected President Donald Trump tapped Ajit Pai as the new chairman of the Federal Communications Commission (FCC), replacing outgoing chairman Tom Wheeler. Pai is a sharp critic of...more

First Criminal Prosecution Under Amended Arizona Telemarketing Law

Last week, Arizona State resident Lukeroy Rose became the first person to plead guilty to an alleged criminal violation of a recently amended Arizona telemarketing law. How can telemarketers and text message marketers...more

Cynosure Settles Fax TCPA Class Action for $16 Million

On Thursday, the parties in ARcare, Inc. v. Cynosure, Inc., an action concerning the Telephone Consumer Protection Act (“TCPA”), filed a motion for preliminary approval of a class action settlement of plaintiff’s fax TCPA...more

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