Data Brokers

News & Analysis as of

FTC Announces Settlements with Data Brokers over Alleged FCRA Violations

The Federal Trade Commission recently announced two more settlements with data brokers for alleged violations of the Fair Credit Reporting Act (FCRA). The settlements with Instant Checkmate, Inc., InfoTrack Information...more

Advertising Law - Feb 28, 2014

9th Circuit Pulls the Shades Down on “Shine the Light” Lawsuit - The Ninth U.S. Circuit Court of Appeals recently rejected an appeal of a district court’s dismissal of a claim made under California’s “Shine the Light,”...more

Australia Changes Privacy Act to Apply to Foreign Websites

Effective March 12, 2014, Australia will adopt new legislation which will require compliance by Canadian businesses that have a website and collect personal information from Australians, or have an Australian link. Software...more

Congress Steps Up its Scrutiny of Data Brokers

In keeping with Congress’s heightened focus on privacy practices in the data broker industry, Senators Jay Rockefeller (D-W.Va.) and Ed Markey (D-Mass.) introduced a bill that would require increased transparency and...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

Senate Commerce Committee Expands Data Broker Inquiry

On February 3, Senate Commerce Committee Chairman Jay Rockefeller (D-WV) again expanded his investigation of data brokers when he asked six brokers for information on the compilation and sale of products that identify...more

Advertising Law - Feb 6, 2014

High-Profile Mistake Could Cost Data Brokers: Could a recent marketing error by OfficeMax impact the entire data-driven marketing industry? The company sent a mailer addressed to “Mike Seay, Daughter Killed in...more

Eye on Privacy - January 2014

In this issue: - FTC Settlement with Flashlight App Requires Extensive Disclosures Outside of the Privacy Policy to Collect and Share Geolocation Information - GAO and Senate Commerce Committee Release Studies...more

Privacy & Cybersecurity Update - January 2014

In This Issue: - Ramifications of the Target Data Breach - California Federal Judge Winnows Down Massive Privacy Class Action - White House Launches “Big Data” Review - Senator Rockefeller Issues Data Broker...more

FTC Settles Claims Relating to U.S. – EU Safe Harbor Program

The Federal Trade Commission recently announced it has settled claims against 12 companies relating to charges the companies falsely claimed they were abiding by the U.S. – EU Safe Harbor program that enables U.S. companies...more

FTC Continues Aggressive FCRA Enforcement against Data Brokers

The Federal Trade Commission continues to aggressively enforce the Fair Credit Reporting Act (FCRA) against data brokers, as shown by its recent settlement with TeleCheck Services, Inc. The settlement requires TeleCheck to...more

Careful! Your Company May Be a Defacto Data Broker: Are Privacy Regulators Going for Broke(rs) as part of the 2014 Legislative and...

Concerns about privacy practices in the data broker industry, and the privacy implications about the lack of transparency “behind-the-scenes,” will remain a topic of intense regulatory and legislative focus in 2014. The...more

Data Brokers Under Scrutiny

The Senate Commerce Committee released this morning its majority staff report, A Review of the Data Broker Industry: Collection, Use, and Sale of Consumer Data for Marketing Purposes, on the practices data brokers use to...more

Senate Commerce Committee Continues Data Broker Inquiries

Recently, Senate Commerce Committee Chairman Jay Rockefeller (D-WV) continued his committee’s examination of the way data brokers collect and share personal information. The Senator sent a letter to one data broker seeking...more

Advertising Law -- Oct 10, 2013

Fourth Circuit "Likes" First Amendment Protection for Social Media Speech - A Facebook "like" is speech protected by the First Amendment, the Fourth U.S. Circuit Court of Appeals ruled, reversing a federal court...more

"Eye on Privacy" Newsletter - September 2013

In this issue: - Digital Advertising Alliance Releases Guidance on the Application of Its Self-Regulatory Principles to the Mobile Environment - TCPA Update: Recent Decisions and Significant Upcoming Change to...more

Advertising Law -- Sep 04, 2013

FTC Members Speak Out About Data Brokers, Big Data - Federal Trade Commission Chairwoman Edith Ramirez and Commissioner Julie Brill both spoke out recently about the issue of “big data.” Referencing the...more

FTC: Data Brokers That Compile Tenant Data May Be Covered by FCRA

On April 3, 2013, the Federal Trade Commission issued a press release that marks yet another step in its continuing trend of actions involving data brokers and data providers. As we have noted in earlier blog posts, the...more

FTC Seeking Information From 9 Data Brokers in Industry Probe

On December 18, 2012, the Federal Trade Commission issued orders requiring nine data brokerage companies to provide the agency with information on how they collect data from consumers and use it. The nine companies asked to...more

FTC Orders Data Brokers To Provide Consumer Data Practices Information

On December 18, the FTC issued orders requiring nine data brokerage companies to provide information about (i) the nature and sources of the consumer information the data brokers collect, (ii) how they use, maintain, and...more

Rep. Markey to Data-Brokers: Let's Start with Kids, Then Tackle Data Privacy for the Rest

In a briefing convened by the Congressional Bi-Partisan Privacy Caucus December 13, 2012, co-chairs Ed Markey (D-MA) and Joe Barton (R-TX) tried to advance their agenda of enhancing children’s online privacy in the context of...more

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