Privacy Consumer Protection Constitutional Law

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EU: Update on Google’s Right to be forgotten

In an earlier blog post, Patrick Van Eecke and Anthony Cornette discussed the impact of the ECJ Case C-131/12. The authors now provide some further insight on the latest developments relating to the ECJ case on the ‘Right to...more

Now You See Me, Now You Don’t

The European Union recently decided that people have a right to be forgotten. The “right to be forgotten” provides Internet users in Europe the advantage to demand the erasure, removal or deletion of sensitive personal...more

Views on ECJ Right to Be Forgotten Ruling

In a May 13 landmark ruling, the European Court of Justice held that data subjects in the European Union have the right to compel Google Inc. and other Internet search engines to remove search results linking to websites...more

In Right to Be Forgotten Proceedings, Who Represents the Public Interest?

In its newly published Fact Sheet on the Right to Be Forgotten, the European Commission has tried to dampen the negative reaction to the European Court of Justice (ECJ) Right to Be Forgotten decision by noting that the right...more

In Google Spain ‘right to be forgotten’ case, EU court looks critically at free expression defense

The European Court of Justice’s decision in the Google Spain “right to be forgotten” case isn’t just a ruling about a crazy European regulation. Commentators who brush it off on that basis, or as an anti-free-speech...more

European Union’s Highest Court Rules Google Must Remove Links Containing Personal Data

In a significant and concerning decision, the European Court of Justice (“ECJ”) has endorsed the so-called “right to be forgotten” and ruled that, in some circumstances, search engines can be compelled to remove search result...more

Ninth Circuit Holds Alleged Statutory Violations Sufficient For Standing Under FCRA

On February 4, the U.S. Court of Appeals for the Ninth Circuit held that a plaintiff’s claim against a data broker alleged to have published inaccurate information about him has standing by virtue of the alleged violation of...more

Advertising Law -- Jan 24, 2014

SPECIAL FOCUS: Exploring the Ony Decision and Its Impact on False Advertising Claims Involving Scientific Findings - Last year, the Second Circuit issued an opinion in Ony, Inc. v. Cornerstone Therapeutics, Inc., a...more

Walburg v. Nack: Recent Supreme Court Petition in TCPA Case Tees Up Important Constitutional Issues

By all accounts, the number of class action lawsuits brought under the Telephone Consumer Protection Act against companies communicating by telephone, text, and fax has exploded in recent years. These lawsuits—which rely on...more

Denied Again: Alleged Violation of Statute is Enough for Hulu Privacy Case to Proceed

On December 20, 2013, the U.S. District Court for the Northern District of California issued an order in In re: Hulu Privacy Litigation that solely addressed the issue of whether the Video Privacy Protection Act (the “VPPA”)...more

Opening the Flood Gates? California Voters May Create Presumption of Harm in Privacy Breach Cases

California has moved one step closer towards amending its Constitution to create a presumption of harm whenever personal data is shared without a consumer’s express opt-in, a change that would clear a significant hurdle to...more

Appeals Court Rules TCPA Does Not Violate First Amendment

The U.S. Court of Appeals for the Fourth Circuit recently ruled that the Telephone Consumer Protection Act (TCPA) does not violate the First Amendment by requiring robocallers to identify themselves when making calls....more

Fourth Circuit Holds TCPA Disclosure Requirements Constitutional

On August 28, the U.S. Court of Appeals for the Fourth Circuit published an opinion, previously under seal, in which it held that provisions of the Telephone Consumer Protection Act (TCPA) requiring all automated telephone...more

Federal Court Dismisses Action Brought by Data Breach Plaintiffs for Failure to Demonstrate Injury Under Clapper

On September 3, 2013, the U.S. District Court for the Northern District of Illinois dismissed a class action complaint arising from a credit card “skimming” attack suffered by Barnes & Noble in 2012. U.S. District Judge John...more

Supreme Court’s Clapper Decision Raises Bar for Standing in Data Security Breach Litigation

On February 26, 2013, the United States Supreme Court in Clapper v. Amnesty International adopted a demanding standard for Article III standing in privacy cases. Although the case addressed issues of Constitutional privacy,...more

Standing on the Precipice: Privacy Litigation and Standing Requirements

The U.S. Supreme Court heard arguments last month in Clapper v. Amnesty International, a case that asks the Court to determine whether a group of lawyers, journalists, and human rights workers have standing to challenge the...more

The TCPA - DC District Court Holds Removal Based On Supreme Court Recognition Of TCPA Claims Improper

FDS Restaurants, Inc. v. All Plumbing, Inc., Civ. No. 12-394 (RMC), 2012 WL 4052847 (D.D.C. Sept. 14, 2012). In FDS Restaurants, Inc. v. All Plumbing, Inc., Defendants sought to remove a TCPA case to federal court,...more

Oyunlaştırma Tehlike mi Fırsat mı

The paper is about a new stream called Gamification. Gamification has both risks & chances in its' concept for mankind. İt can be used to help you do daily jobs by having fun and on the other hand it can be used to...more

CBb 2 april 2012, JB 2012/133 m.nt. S.M.C. Nuyten en H.P. Wiersema

Deze beslissing en de hiervoor gepubliceerde beslissing van het CBb (12 oktober 2011, LJN: BW0616, gepubliceerd onder nr. 136) zien beide op de toepassing van artikel 8:29 Awb. KPN stelde beroep in bij het CBb tegen een...more

FTC, CFPB, DOJ File Brief in Suit Challenging FCRA Constitutionality

On May 8, the FTC announced that it had joined the CFPB and the DOJ to file a brief supporting the constitutionality of the Fair Credit Reporting Act (FCRA). The brief was filed in a lawsuit in the U.S. District Court for the...more

Advertising Law - December 14, 2011

In This Issue: Court Refuses to Certify Class in Zip Code Suit; Facebook, Zynga Score Court Victory; TCPA is “Weird,” Says Supreme Court Justice; FDA to Appeal Injunction of Cigarette Labeling Rules; and In San...more

Advertising Law - November 11, 2011

In This Issue: Netflix Goes on the Offensive, Challenges VPPA; Companies Can Be Liable for Consumer Costs of Security Breach; NAD Reviews Allegra Ad Claims; Fiber = Processed Fiber for Ad Purposes; and Second Circuit:...more

Advertising Law - September 8, 2011

In This Issue: Manatt’s Ken Kaufman to Lead Webinar on Intellectual Property Issues in Entertainment Transactions; FTC Settles First Suit over Mobile Apps; Red Flag: Suit Against NASCAR Alleges TCPA Violations; M’m,...more

Financial Institution Facing New Lawsuit For Offshoring Call And Data Center Services

The offshore outsourcing of customer service call center and data center services to locations outside of the U.S. has become a fairly standard business practice in many industries. Now, a consumer class action lawsuit filed...more

Special Report: California Supreme Court Announces State Law Prohibits Marketing Requests for ZIP Codes

In a case with major implications for retailers and marketers, the Supreme Court of California ruled on February 10, 2011 that state law prohibits businesses from requesting and recording ZIP codes from consumers prior to...more

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