Science, Computers & Technology, Consumer Protection, Commercial Law & Contracts

FTC Sharpens Focus On Data Brokers

by BuckleySandler LLP on 5/14/2013

On May 7, the FTC released letters it sent to 10 data brokers warning that certain of the brokers’ practices could violate FCRA privacy protections. ...more

FTC Denies Requests to Extend Effective Date for COPPA Rule Revisions

by Ronald London | Davis Wright Tremaine LLP on 5/14/2013

The FTC has voted to retain the July 1, 2013 effective date for the revisions to its Children’s Online Privacy Protection Act (COPPA Rule), shortly after issuing revised “Frequently Asked Questions” (FAQs) to aid compliance...more

Enter, the APPS Act

by Amy Malone | Mintz Levin - Privacy & Security on 5/14/2013

U.S. Rep. Hank Johnson, a Democrat from Georgia, has introduced a mobile privacy bill that if passed will require mobile application developers to maintain privacy policies, obtain consent from consumers before collecting...more

FTC’s revised COPPA rules go into effect July 1, 2013

by Thompson Coburn LLP on 5/9/2013

On May 6, 2013, the FTC unanimously decided that the revised Children’s Online Privacy Protection Act (COPPA) will go into effect on July 1, 2013, as announced last December. Several industry organizations had asked the...more

Cyber Risk Insurance May Cost More Than You Think

by Thomas Caswell, III | Zelle Hofmann Voelbel & Mason LLP on 5/9/2013

Since 2003, all but four states have enacted laws concerning data breaches and the protection of consumers’ personal information. This regulation of electronic data containing personal information and the protection of such...more

California Federal Court Holds Online Purchase Transactions For Shipped Merchandise Not Covered By Song-Beverly Credit Card Act

by BuckleySandler LLP on 5/8/2013

On April 30, the U.S. District Court for the Central District of California held that Section 1747.08 of the Song-Beverly Credit Card Act, which prohibits retailers from requiring personal information as a condition to...more

FTC on COPPA: No Delay

by Mintz Levin - Privacy & Security on 5/7/2013

This afternoon, the Federal Trade Commission (FTC) unanimously rejected requests from industry organizations to delay the July 1 date for compliance with the amendments to the Children’s Online Privacy Protection Act (COPPA)....more

About California’s Right to Know Act of 2013 – What, Me Worry?

by Jake Romero | Mintz Levin - Privacy & Security on 4/30/2013

If you got Google, Facebook and Microsoft into a room and asked them to compile a list of things that they are most afraid of, that list would probably look something like this...more

FTC Updates COPPA FAQs

by BuckleySandler LLP on 4/30/2013

On April 25, the FTC issued updated FAQs on the recently amended Children’s Online Privacy Protection Act Rule. ...more

FDA Issues Two Warning Letters for Social Media Use: FDA Does Not Approve of “Liking” Consumer Claims and Targets Website Search...

by Fuerst Ittleman David & Joseph, PL on 4/29/2013

In 2009, the U.S. Food and Drug Administration (FDA) announced that it intended to release a guidance document explaining how it will regulate industry’s use of social media to advertise products or communicate with...more

Spam Smart Tip: Transition Period Balm For The Compliance Sting

by Tim Banks | Dentons on 4/26/2013

Transition periods for new legislation are often critical in taking the sting out of compliance costs. But some transition periods are better than others. In the case of Canada’s Anti-Spam Legislation (CASL), organizations...more

FDA’s Medical Device “Enhancement” Reporting Has Potential Product Liability Implications

by Matthew A. Reed | Sedgwick LLP on 4/26/2013

The U.S. Food and Drug Administration (FDA) recently issued a draft guidance document that could potentially require medical device manufacturers to report a wide variety of device improvements, ranging from routine updates...more

War of Words Regarding Implementation of Amendments to COPPA – UPDATE

by Mintz Levin - Privacy & Security on 4/25/2013

UPDATE — The Federal Trade Commission has published its promised COPPA FAQs - ..Volley #1 - Trade Associations to FTC: Please Delay! - The long-awaited amendments to the Children’s Online Privacy Protection...more

Mobile Wallet Systems May Be a Boon for Sales, But What Are the Risks?

by Ali Law Practice LLC on 4/10/2013

One trend is clear: more and more retailers are accepting payment through so-called "mobile wallets" in lieu of traditional plastic credit cards. Experts predict that in coming years, the local and global market for mobile...more

Court Limits Use of Zip Codes in Massachusetts Credit Card Transactions

by Thomas I. Elkind | Foley & Lardner LLP on 4/1/2013

In a recent decision, Tyler v. Michaels Stores, Inc., the Massachusetts Supreme Judicial Court held that zip codes are “personal identification information” and that a merchant asking for that information during a credit card...more

Consumer Debt Collectors Join the Federally Supervised Community

by Dennis O. Cohen, Joshua Farnsworth | BakerHostetler on 3/27/2013

For the consumer debt collection industry, the federal regulators have arrived. In February 2013, the Consumer Financial Protection Bureau (CFPB) began supervising roughly 175 large consumer debt collectors, defined as those...more

TechComm – FTC/UDAAP Client Alert: FTC Staff Issues Guidance on Effective Online Disclosures

by Paul Besozzi, Monica S. Desai, MIchael Drobac, Deborah Lodge, Carey Nuttall, Carol Van Cleef, Maria Wolvin | Patton Boggs LLP on 3/22/2013

Companies engaged in online advertising and social media promotions should carefully review “Dot-Com Disclosures – How to Make Effective Disclosures in Digital Advertising,” released by the FTC staff on March 12, 2013. This...more

Authorities Regarding GLBA Privacy and the FCRA

by James H. Mann | Davis Wright Tremaine LLP on 3/21/2013

One of PLA’s missions is to facilitate knowledge-management for payments practitioners. Pursuant to that mission, PLA is today posting four fundamental, but not always easily accessed, authorities regarding GLBA privacy and...more

TECHCOMM/FINANCIAL SERVICES CLIENT ALERT: FTC Releases Report Outlining Mobile Payment Concerns

by Paul Besozzi, Monica S. Desai, MIchael Drobac, Deborah Lodge, Carol Van Cleef | Patton Boggs LLP on 3/13/2013

On March 8, 2013, the Federal Trade Commission (FTC) released a staff report, entitled “Paper, Plastic…or Mobile? An FTC Workshop on Mobile Payments,” addressing its consumer protection concerns in the mobile payments area....more

FDA Draft Guidance on Device “Product Enhancements” Could Lead to Increased Recalls

by Ropes & Gray LLP on 2/27/2013

On February 22, 2013, the Food and Drug Administration (“FDA”) issued draft guidance explaining when a change to a medical device constitutes a medical device recall as opposed to a “product enhancement.” This draft guidance...more

General, Overbroad “Agreement” Does Not Permit Reference Check On Disabled Child

by Tim Banks | Dentons on 2/26/2013

On February 22, 2013, the Office of the Privacy Commissioner of Canada (OPC) released a summary of findings in two cases arising out of inappropriate sharing of information between two summer camps about a child following an...more

California Supreme Court Rules That Song-Beverly Act Does Not Apply To On-Line Transactions

by Timothy Toohey | Snell & Wilmer L.L.P. on 2/22/2013

A little over a year ago, the United States District Court for the Central District of California ruled that California’s Song-Beverly Act (the Act), which prohibits collection of “personal identification information” in...more

California Marching Toward Adoption of Green Chemistry Regulations

by Jon Costantino, Peter Duchesneau | Manatt, Phelps & Phillips, LLP on 2/21/2013

More than two years behind schedule, with no one apparently satisfied with the form of its regulations, the California Department of Toxic Substances Control (DTSC) appears to be taking the final steps toward adopting its...more

Expanding The Reach Of HIPAA Data Security And Privacy Requirements

by Michael Volkov on 2/18/2013

In this information technology era, it is little wonder that the Obama Administration has made enforcement of data security and privacy protections a top priority. The enforcement emphasis reflects public opinion favoring...more

California Supreme Court Holds Online Retailers of Downloadable Products May Require Personally Identifying Information For Credit...

by Mira Serrill-Robins | Proskauer - Privacy & Data Security on 2/14/2013

The California Supreme Court held on February 4, 2013 that the provision of the Song-Beverly Credit Card Act of 1971 (the “Act”) prohibiting retailers from requesting personally identifying information as a condition to...more

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Science, Computers & Technology › Consumer Protection › Commercial Law & Contracts