Consent

News & Analysis as of

Will free apps soon be dead in Europe?

As we’ve discussed previously, the GDPR significantly limits user consent as a basis for processing personal data. One interesting question is whether the new rules on consent will kill free apps in Europe. Free apps...more

Electronic Monitoring Notification and Consent Form Released

The Illinois Department of Public Health has released the Electronic Notification and Consent Form on Friday, January 29, 2016. The Authorized Electronic Monitoring in Long-Term Care Facilities Act (Public Act 099-0430)...more

Initiative to Improve Quality After Discharge: New Caregivers’ Laws

This month Indiana, Illinois, California, Oregon, and New Hampshire join 11 other states with newly effective Care Advise Record Enable (CARE) laws requiring hospitals to give patients the opportunity to designate caregivers...more

TCPA Connect - January 2016

Manatt Defeats Motion for Class Certification in TCPA Complaint Against Network Telephone Services - A team of Manatt litigators secured a major victory for Network Telephone Services, Inc., on Jan. 12, 2016, in the U.S....more

FCC Responds In Consolidated Appeal From Its July 2015 Omnibus Ruling

On Friday, January 15, 2016, the Federal Communications Commission filed its response to the arguments of the joint Petitioners in the consolidated appeal from its July 10, 2015 Omnibus Ruling. The Commission’s brief...more

"Bulk Transfers of Accounts in Broker-Dealer M&A: Regulatory Developments"

The volume of acquisitions involving broker-dealer firms continues to increase as the industry experiences further consolidation and realignment. In 2015, the Financial Industry Regulatory Authority (FINRA) proposed a rule...more

Legal Trends: Privacy

In April, the Office of the Privacy Commissioner of Canada (OPC) released its investigation report regarding Bell’s Relevant Ads Program (RAP). The RAP involved the creation of Bell Mobility customer profiles based on...more

Photo Storage Service’s Collection of Faceprints May Violate Illinois Biometric Privacy Statute

As we have previously noted, there are several ongoing privacy-related lawsuits alleging that facial recognition-based systems of photo tagging violate the Illinois Biometric Information Privacy Act (BIPA). The photo storage...more

The UK’s data protection regulator cracks the enforcement whip

As 2015 draws to a close, the UK’s Data Protection Regulator, the Information Commissioner’s Office (‘ICO’), is making sure it ends the year with a bang. The past few months have seen a significant increase in enforcement...more

Plaster of Paris: US Companies Get Wrapped in EU Data Privacy Rules

Have any data on people in the UK or France? New EU data privacy rules will be setting de facto global standards that will apply to US companies, like it or not. Europe’s lawmakers have given a preview of the new...more

TCPA Connect - December 2015

SPECIAL FOCUS: FTC Issues Revisions to the Telemarketing Sales Rule - On November 18, 2015, the Federal Trade Commission (FTC) released a final rule setting forth a number of key amendments and clarifications to its...more

Political Agreement on European Data Protection Regulation

A political compromise has been reached on the new European Data Protection Regulation. On December 15, 2015, the negotiators in the so-called “informal trilogue” between the Council, the Parliament and the European...more

The General Data Protection Regulation in Bullet Points

The new General Data Protection Regulation is effectively a “done deal” following the final trilogue meeting on December 15. One might assume based on UK media coverage that the biggest change in EU privacy law is that kids...more

California’s Auto-Renewal Law Leads to Wave of California Consumer Class Actions

California’s Auto-Renewal Law (Cal. Bus. & Prof. Code § 17600 et seq.) has given rise to a recent torrent of new lawsuits in California, many brought on a putative class action basis, targeting businesses that offer...more

Delaware Court Denies Most of Defendants’ Motion to Dismiss Unclaimed Property Gift Card False Claims Action

Two years ago, a former employee of Card Fact, LLC (subsequently purchased by Card Compliant), a company providing gift card issuance and management services to retailers, filed a false claims action in Delaware alleging that...more

Challenges Mount to FCC's July 2015 TCPA Order

Accusing the Federal Communications Commission (FCC) of abdicating its responsibility to clarify areas of uncertainty under the Telephone Consumer Protection Act (TCPA) and muddying the already murky waters of the TCPA, more...more

New Bill Would Ban GPS Location Tracking Applications And Limit Other Tracking

On Tuesday, November 10, U.S. Senator Al Franken (D-MN) reintroduced legislation that would ban GPS location tracking applications. The legislation goes much further, however. It also would require companies to get...more

What Can We Expect From The EU General Data Protection Regulation?

After over three years of discussions at many levels, it is now clear that the proposed EU data protection framework will be revised, and that it will be in the form of a Regulation – the General Data Protection Regulation....more

California AG Settles with Houzz Regarding Recording of Calls

California Attorney General Kamala Harris reached a settlement with Houzz Inc., an online platform for home remodeling and design. The AG alleged that Houzz violated California privacy laws by recording incoming and outgoing...more

Three Trending Topics in IoT: Privacy, Security, and Fog Computing

Cisco has estimated that there will be 50 billion Internet of Things (IoT) devices connected to the Internet by the year 2020. IoT has been a buzzword over the past couple of years. However, the buzz surrounding IoT in the...more

New York Extends Sunset Provision on 2012 Wage Deduction Law Amendments to 2018

UPDATE: On October 26, 2015, Governor Cuomo signed a bill (A07594) extending the expiration period of the 2012 amendments to New York Labor Law 193 from three years after their effective date (November 6, 2015) to six...more

New York State Department of Labor Publishes Revised Proposed Regulations Governing Use of Payroll Debit Cards

On October 28, 2015, the New York State Department of Labor (NYSDOL) published revised proposed regulations modifying its draft regulations (which were initially published on May 27, 2015) governing permissible methods of...more

Employment Law - October 2015 #3

New California Employment Laws on Fair Pay, Waiver of Meal Periods - Why it matters: California continues its focus on employment-related legislation. Touted as the toughest law of its kind in the nation, Senate...more

Tagging Trouble: Forays into the Regulation of Biometric Data

We leave breadcrumbs of biometric information scattered around our daily lives, which may be collected and used by private entities, often without our knowledge or consent. The sound of your voice when you call your bank’s...more

Better Send a Letter Before the First Consultation

A prospective client makes an appointment with you to discuss his or her case. Immediately send a letter setting out some information and a few key points. First off, you’ll definitely want to confirm the date, time, and...more

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