Privacy Consumer Protection Civil Remedies

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D.C. Circuit Weighing FCC’s Controversial 2015 TCPA Declaratory Ruling

Yesterday, a panel of the D.C. Circuit—composed of Judges Srinivasan and Pillard and Senior Judge Edwards—heard argument in ACA International v. FCC, the consolidated appeals from the FCC’s 2015 Declaratory Ruling and Order,...more

Bavarian Data Protection Authority issues new guidance paper on sanctions under the General Data Protection Regulation

On 1 September 2016, the Bavarian Data Protection Authority (“DPA”) issued a new guidance paper on sanctions under the new EU General Data Protection Regulation (“GDPR”) in the course of a series of non-binding guidance...more

NBA Team Sued By Fans Over Mobile Application

Earlier this week, a putative class action was brought against the NBA’s Golden State Warriors concerning the team’s mobile application. According to the complaint, the free app provides an interactive experience for fans by...more

D.C. Circuit Tosses Consumer Complaint Following Spokeo

On July 26, 2016, the D.C. Circuit rejected a consumer class action complaint based on alleged violations of two D.C. consumer protection statutes. Citing the recent U.S. Supreme Court decision in Spokeo, Inc. v. Robins, No....more

Supreme Court’s Spokeo Decision Hasn’t Resolved Issues of Concreteness

In a much-anticipated decision, the U.S. Supreme Court recently ruled on a critical question in privacy and consumer class-action litigation — whether plaintiffs who may have suffered no actual injury beyond an alleged...more

The Potentially Dangerous Intersection of Healthcare and Social Media

Lately, there have been numerous reports in the media raising patient privacy concerns due to healthcare providers’ use of social media in the workplace. A few examples include...more

TCPA Connect - August 2016

FCC Issues Report and Order on Budget Act Exemptions - On August 11, 2016, the Federal Communications Commission issued a Report and Order implementing Section 301 of the Bipartisan Budget Act of 2015, which amended the...more

Unlocking the EU General Data Protection Regulation: A practical handbook on the EU's new data protection law: Chapter 16:...

Why does this topic matter to organisations? Whereas the remedies and sanctions available to DPAs under the Directive are comparatively low (generally subject to a maximum of less than €1 million per infringement, with...more

Yet Another Bank Reaches Multimillion-Dollar TCPA Deal

Following the lead of other banks facing putative class actions under the Telephone Consumer Protection Act (TCPA), JPMorgan Chase Bank agreed to pay recipients of unwanted phone calls $3.75 million....more

Unwanted Phone Calls Cause Concrete Harm Under TCPA

On June 30, 2016, the United States District Court for the Northern District of West Virginia issued an order in a putative class action brought under the Telephone Consumer Protection Act (“TCPA”), denying a motion to...more

Privacy Shield Update: A Recap of Recent Developments

On April 13, 2016, the Article 29 Working Party (WP29), an influential group of European data protection authorities, issued a non-binding opinion that criticized certain elements of the fledgling Privacy Shield framework....more

Privacy policy required for contact forms on websites? German Courts in disagreement

Over the last years, a number of German Courts had to decide whether the operator of a website that contains a contact form for the website’s visitors shall be obliged to provide visitors a privacy policy that informs the...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

New Decree defines the scope of Kazakhstan’s state electronic database

At the end of February, the Government of the Republic of Kazakhstan enacted Decree No. 117, providing that the types of personal data to be stored in the state’s electronic database are...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

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

FTC Settles with Data Brokers in Sale of Consumer Data Used for Illicit Purposes

On February 18, 2016, the U.S. Federal Trade Commission ("FTC") settled a dispute against LeapLab LLC ("LeapLab") and others ("Co-Defendants") claiming that they knowingly sold consumer social security numbers, bank account...more

Early Settlement of the Home Depot Consumer Data Breach Claims – The Start of a Trend?

Last week, a federal court in Atlanta issued an order preliminarily approving a proposed settlement – valued up to $19.5 million – of the consumer claims arising from the 2014 theft of payment card data from Home Depot. The...more

After a Strong Enforcement Presence in 2015, OCR Starts 2016 with a $239,000 Civil Money Penalty Judgment

It has been a busy winter for the US Department of Health and Human Service, Office for Civil Rights (“OCR”). Since November 2015, the agency has announced three settlements and one civil money penalty judgment amounting to...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

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

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

Director Cybersecurity Risk Oversight and Actions

This article begins by providing an overview of the duty of directors to oversee risk, including cybersecurity risk, in the cyberattack context and then outlines actions that board of directors are taking as reported by...more

LifeLock And FTC Agree To $100 Million Settlement For Alleged Violation Of Prior Injunction Regarding LifeLock’s Data Security...

On December 17, 2015, the Federal Trade Commission (“FTC” or “Commission”) and LifeLock, Inc. (“LifeLock”) announced the largest monetary award obtained by the Commission in an order enforcement action. The settlement...more

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