Privacy Communications & Media Consumer Protection

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Don’t be a Jerk

Last week the Federal Trade Commission (“FTC”) charged the operators of Jerk.com with harvesting personal information from Facebook to create profiles for more than an estimated 73 million people, where they could not be...more

States Further Attempt to Protect Minors' Privacy Online

Following the adoption of a California law protecting minors under the age of 18 online, Delaware has now introduced House Bill 261, which would add a new section called the Child Online Protection Act to Title 6 of the...more

FTC Provides Guidance On Obtaining Parental Consent Under COPPA

The Federal Trade Commission (FTC) has recently responded to three applications seeking approval for new methods for obtaining parental consent under the Children's Online Privacy Protection Rule....more

Balancing the data privacy debate: The benefits of big (and little) data

Comments to the White House's recent request for comments on "big data" and how it affects Americans were due April 4, but even before all the comments have been reviewed, we can be pretty sure that, as usual, most business...more

Issue Of Gmail Users’ Consent To Google’s Email-Interception Practices Defeats Class Certification

Google recently scored a big victory in its battle against claims that it is illegally intercepting and scanning the content of emails in order to provide personalized advertisements to Gmail users. Plaintiffs in the various...more

Advertising Law

COPPA + State Law = Privacy Protection for Teens - How does the Children’s Online Privacy Protection Act (COPPA) interact with state law privacy protections for teens? According to amicus briefs filed by both...more

FTC Announces Settlements for Mobile App Security Issues

On March 28, 2014, the Federal Trade Commission (FTC) announced settlements with Fandango, LLC and Credit Karma, Inc. resolving charges that the companies misrepresented the security of their mobile apps in violation of...more

FTC Sends Message: Make Your Mobile App Secure

Mobile payments have become so commonplace that consumers rarely stop to think about whether their online payment is secure. Mobile app developers can fall into a similar trap of assuming that the necessary security measures...more

Social Networking for Jerks: FTC Goes After Site for Scraping Facebook Content

In the 1979 Carl Reiner film The Jerk, a new phonebook is delivered and Steve Martin, playing the title character, rejoices that “I'm somebody now! Millions of people look at this book every day! This is the kind of...more

Preliminary opinion on privacy and competitiveness of big data issued by EDPS

The European Data Protection Supervisor (EDPS) has issued a preliminary opinion that addresses some of the issues and convergences in EU data protection, consumer protection and competition laws that are not up to date with...more

The Utility And Risk Of Mobile Device Tracking

Americans are becoming increasingly dependent on mobile devices, such as smart phones. These devices allow us to remain in constant contact with our family, friends, and colleagues. Moreover, the use of these devices is...more

With Nowhere to Hide, Couch Potatoes Offer Opportunity and Peril for Content Providers

The emerging home entertainment market is rife with both opportunity and peril for media and entertainment content providers. Home entertainment is increasingly provided through “Smart” devices such as Microsoft Xbox and...more

Caution: Your Company's Biggest Privacy Threat is...the FTC

Technology companies—from startups to megacorporations—should not overlook an old privacy foe: the Federal Trade Commission (FTC). Since its inception in 2002, the FTC’s data security program has significantly picked up...more

FTC Expands Focus on Tracking and Use of Consumers’ Location Data

Over the past few years, the Federal Trade Commission (“FTC”) has provided guidance regarding mobile platforms and app providers’ practices of collecting data about consumers’ locations through their mobile devices, with a...more

Online Protection for Children: Delaware following California?

Delaware state representative Darryl Scott recently introduced the Child Online Protection Act (House Bill 261 or the “Bill”), to the state’s House of Representatives. If passed, the Bill would: (1) prohibit the online...more

TCPA Connect - March 2014

FCC Seeks Comment on TCPA Liability When Phone Numbers Switch Hands - What happens when a company with prior express consent to call a consumer’s mobile phone contacts that number only to find that it now belongs to...more

2014 Sees The First Fines For Violations Of EU Cookie Laws

Much has been said about the EU "Cookie" laws introduced by an amendment to the Privacy and Electronic Communications Directive in 2011. Companies with European customers (including those in the US) have grappled with the...more

FTC Settles Case With Medical Transcription Company

The Federal Trade Commission (FTC) recently announced that it had settled its data privacy case against medical transcription firm GMR Transcription Services, Inc. (GMR) following allegations that GMR had failed to adequately...more

FTC Announces International Privacy Initiatives

On March 6, the FTC released a memorandum of understanding (MOU) it signed with the UK’s Information Commissioner’s Office (ICO), which is designed to strengthen the agencies’ privacy enforcement partnership. The FTC stated...more

California's Shine the Light Law: A Heightened Pleading Requirement

In three nearly-identical unpublished opinions, the United States Court of Appeals for the Ninth Circuit affirmed the dismissal of three separate class actions brought under California's Shine the Light Law.1 The Ninth...more

Progress On EU Data Privacy Reform: “Irreversible”

Today, the European Parliament voted through the new EU Data Protection reform package (621 in favour of the new Regulation and 10 against with 22 abstentions). It’s a clear endorsement of the proposals. The EU press release...more

FTC Settlement Highlights Lead Generation "Warning Signs"

A Federal Trade Commission (FTC) settlement with a lead buyer highlights the potential pitfalls with using lists from lead generators without considering how the lists were compiled or the requirements under the Telemarketing...more

Update from International Association of Privacy Professionals (IAPP) Global Privacy Summit

At this week's International Association of Privacy Professionals (IAPP) Global Privacy Summit, the FTC and the White House made several important announcements....more

Privacy Monday – March 10, 2014

We hope that you remembered to “spring forward” over the weekend — Today’s Privacy Monday is a bit longer than usual – but an important read, particularly if you are a mobile app developer. California Public...more

Advertising Law - Mar 07, 2014

Site Allows Consumers to Stop Mobile Tracking - Don’t want to be tracked by retail stores while physically shopping? There’s a site for that. Retailers use tracking information to collect data about how shoppers...more

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