Privacy › Consumer Protection › Constitutional Law

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

California Supreme Court Holds that Zip Codes Constitute "Personal Identification Information" under the Song-Beverly Credit Card...

In Pineda v. Williams-Sonoma Stores Inc., 2011 Cal. LEXIS 1355 (February 10, 2011), the California Supreme Court addressed the issue of whether a person’s zip code constitutes “personal identification information” under the...more

Newsletter of the Advertising, Marketing & Media Practice Group of Manatt, Phelps & Phillips, LLP

IN THIS ISSUE: *Web Advertisers Told to Protect Privacy – Or Else *Privacy Class Action Against Blockbuster Advances *Gaming Group Challenges Minnesota’s Anti-Gambling Campaign *Obama Boosts CPSC Budget by 71...more

National Cable & Telecommunications Association v. Federal Communications Commission and United States of America

Decision Denying Respondents' Petition For Judicial Review

Federal Appeals Court Upholds Opt-In Privacy Rule for Telephone Services. On February 13, 2009, a federal court in the District of Columbia upheld telephone privacy regulations that require phone companies to obtain...more

Newsletter of the Advertising, Marketing & Media Practice Group of Manatt, Phelps & Phillips, LLP

IN THIS ISSUE: *Manatt and BNA Launch Audioconference Series on Consumer Product Safety Improvement Act - Part of BNA’s "Legal and Business EDge" Coverage of Current Topics *Supreme Court Brings End to COPA...more

IMS v. Ayotte, A.G., State of NH

Decision

Court Upholds New Hampshire Prescription Privacy Law. Today, the First Circuit Court of Appeals upheld a New Hampshire law that bans the sale of prescriber-identifiable prescription drug data for marketing purposes. In...more

Legal Memorandum

Some Constitutional and Statutory Rights Protecting California Consumers

Both the United States Constitution and the California Constitution guarantee privacy and property rights and authorize consumers to file court actions to enforce these rights. The Fair Credit Reporting Act establishes...more

National Cable & Telecommunications Association v. Federal Communications Commission and United States of America

Brief for Privacy & Consumer Organizations, Technical Experts and Legal Scholars as Amici Curiae In Support of Respondents Urging...

EPIC, Privacy Groups, Technical Experts, and Legal Scholars Support Opt-In for Telephone Services. EPIC filed a “friend of the court” brief on May 6, 2008 in federal appellate court urging support for opt-in safeguards...more

National Cable & Telecommunications Association v. Federal Communications Commission and United States of America

Brief for Respondents

EPIC, Privacy Groups, Technical Experts, and Legal Scholars Support Opt-In for Telephone Services. EPIC filed a “friend of the court” brief today in federal appellate court urging support for opt-in safeguards for...more

National Cable & Telecommunications Association v. Federal Communications Commission and United States of America

Brief For Petitioner

EPIC, Privacy Groups, Technical Experts, and Legal Scholars Support Opt-In for Telephone Services. EPIC filed a “friend of the court” brief today in federal appellate court urging support for opt-in safeguards for telephone...more

IMS v. Rowe, A.G., State of Maine

Amended Order on Plaintiffs' Motion For Preliminary Injunction

Maine Prescription Privacy Law Struck Down. In IMS v. Rowe, the Maine federal district court held that the state prescription privacy law violated the First Amendment. The court held that the Act improperly restricted the...more

IMS v. Ayotte, A.G., State of NH

Supplemental Brief for the Electronic Privacy Information Center as Amicus Curiae and 16 Experts in Privacy Law & Technology in...

EPIC Urges Court to Consider Privacy Interest in De-Identified Patient Data. EPIC and 16 experts in privacy and technology today filed a "friend of the court" brief in a case concerning a New Hampshire state law banning...more

IMS v. Ayotte, A.G., State of NH

Brief of Kelly A. Ayotte, Attorney General of New Hampshire

New Hampshire Files Brief in First Circuit Appeal of Ayotte. New Hampshire has filed its brief in the First Circuit Court of Appeals seeking reversal of the federal district court's decision striking down the state...more

IMS v. Ayotte, A.G., State of NH

Memorandum and Order

New Hampshire Prescription Privacy Law Struck Down. In IMS v. Ayotte, the New Hampshire federal district court held that the state Prescription Confidentiality Act violated the First Amendment. The court held that the Act...more

United States of America v Choicepoint Inc.

Stipulated Final Judgment & Order for Civil Penalties, Permanent Injunction, & Other Equitable Relief (filed concurrenlty with...

In December 2004, EPIC filed a complaint with the FTC against databroker ChoicePoint. EPIC urged the agency to investigate the compilation and sale of personal dossiers by data brokers such as ChoicePoint. EPIC argued that...more