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Goodwin

2023 Year in Review: Telephone Consumer Protection Act

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Welcome to the Telephone Consumer Protection Act chapter of our annual report Consumer Financial Services 2023 Year in Review. Looking Ahead to 2024 - States will continue to enact or update their mini-TCPA and...more

Stikeman Elliott LLP

Home Depot Gets Nailed by Privacy Commissioner for Sharing Data with Meta

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Recent findings by the Office of the Privacy Commissioner of Canada (“OPC”) found that Home Depot of Canada Inc. (“Home Depot”) did not obtain valid meaningful consent to share summary purchase information with Meta Platforms...more

Benesch

Florida “Mini-TCPA” Signed Into Law, Impacts Autodialed Telemarketing Calls and Text Messages

Benesch on

It is official: effective July 1, 2021, Florida is set to amend its existing telemarketing laws to add significant teeth, via SB 1120. The statutory amendments of SB 1120 greatly expand liability for marketing calls and text...more

Kelley Drye & Warren LLP

Supreme Court Defines ATDS Under The TCPA

On April 1, 2021, in a unanimous decision, the Supreme Court ruled that the definition of an automatic telephone dialing system (“ATDS”) under the TCPA is limited by the plain grammar of the statute itself. The Court, in a...more

Hudson Cook, LLP

U.S. Supreme Court to Address Major TCPA Issue Next Term, Resolving Circuit Split on Autodialer Standard

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Summer in Washington, D.C., is usually a quiet time. D.C.'s summer of 2020 has been anything but quiet, to put it mildly. While there are several existential pulls on our attention this season, we should still take a moment...more

Hinshaw & Culbertson - Consumer Crossroads

SCOTUS Decides Federal Debt is not Exempted from TCPA, While FCC Autodialer Declaration Further Alters TCPA Landscape

With a major U.S. Supreme Court decision leading the way, recent developments continue to reshape the landscape of the Telephone Consumer Protection Act (TCPA)....more

Eversheds Sutherland (US) LLP

Dialing In - TCPA top issues to watch in 2020

Companies in consumer-facing industries face a continued barrage of lawsuits under the Telephone Consumer Protection Act (TCPA). In 2019, TCPA lawsuits remained one of the most commonly filed type of class action in federal...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Agrees To Review The Constitutionality of the TCPA

Given how often TCPA cases are filed—and how often they push the envelope of the statute’s scope and the courts’ jurisdiction—it should come as no surprise that the Supreme Court is often asked to bring some sanity to the...more

Faegre Drinker Biddle & Reath LLP

The First Amendment Battleground: SCOTUS Asked to Review Two Ninth Circuit Decisions on the Constitutionality of the TCPA

In the span of fifteen days, TCPA defendants in two separate cases asked the U.S. Supreme Court to review two distinct but interwoven Ninth Circuit decisions on the constitutionality of the TCPA. Specifically, Facebook, Inc....more

King & Spalding

Ninth Circuit Affirms Certification Of Biometric Privacy Class Action Against Facebook

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On August 8, the Ninth Circuit issued a highly anticipated decision affirming the district court’s certification of a class of Facebook users who suffered alleged violations of the Illinois Biometric Information Privacy Act...more

Shook, Hardy & Bacon L.L.P.

Privacy and Data Security Alert | August 2019

French Data Protection Authority Issues Guidelines on Cookie Use - CNIL, France’s data protection authority, has released new rulesfor obtaining consumer consent under the GDPR for companies using cookies and other tracking...more

Jones Day

Unfair Data Protection Practices May Constitute an Abuse of Market Power

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The Situation: An investigation launched in 2016 by the German competition authority was meant to determine if Facebook was abusing its market position with its imposition of "misleading" data protection policies. The...more

Dechert LLP

German Antitrust Authority Finds Antitrust Infringement on the Basis of a Data Protection Breach

Dechert LLP on

The German antitrust authority (FCO) has ordered Facebook to stop collecting data outside Facebook’s platform without the user’s “voluntary consent.” The decision breaks new ground because it links data protection and...more

Esquire Deposition Solutions, LLC

I won the lottery. Does anyone have to know?

Three intriguing new cases related to privacy, legal and personal, just cropped up: Lottery winner won’t identify herself Can you blame the lottery winner? She held the winning ticket for a $560 million jackpot, signed her...more

Holland & Hart LLP

GDPR Starts with a Bang: NOYB Sues Google and Facebook

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Europe's General Data Protection Regulation (“GDPR”) became effective last Friday, May 25. That same day, the non-profit NOYB (from the colloquial “none of your business”) filed lawsuits against Google, together with...more

White and Williams LLP

CEO Zuckerberg: Facebook User Settings Protect Individual Data – Congress Is Not So Sure

White and Williams LLP on

After ten hours of Congressional testimony, one thing is clear – there is growing bipartisan concern over data privacy and data protection in the US. In the wake of so many recent data breaches, and now the data harvesting...more

White and Williams LLP

Coalition of State Attorneys General Send Letter Demanding Answers from Facebook

On March 26, 2018, a bipartisan coalition of 37 state Attorneys General sent a letter to Facebook CEO Mark Zuckerberg demanding answers about the company’s business practices and privacy protections. Led by Pennsylvania...more

White and Williams LLP

FTC to Investigate Facebook’s Use of Personal Data

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Allegations that Facebook allowed a data analytics company to mine the information of at least 50 million Americans have led to the opening of a Federal Trade Commission (FTC) investigation as to whether the company breached...more

Dorsey & Whitney LLP

Facebook’s Birthday Text Lawsuit Survives Pleadings Stage; TCPA Survives Strict Scrutiny for the First Time

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Just when we thought Facebook was safe from the TCPA—remember Duguid—Judge Henderson found otherwise. In Colin Brickman, v. Facebook, 2017 WL 386238 (N.D. Cal. Jan. 27, 2017), the Court denied Facebook’s motion to dismiss,...more

Ballard Spahr LLP

EU e-Privacy Regulation Raises Stakes for Compliance

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The European Commission's proposed e-privacy regulation sets forth obligations on handling electronic communications and clarifies obligations for seeking consent for the use of cookies. Meant to bring the e-privacy directive...more

Carlton Fields

Facebook and HIPAA: Strange Bedfellows

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As a social media user, you may have experienced Facebook’s targeted advertising. Mere moments after searching for a specific item on Google or visiting another website, your Facebook ads reflect your recent browsing history....more

Sheppard Mullin Richter & Hampton LLP

Tag, You’re It: Biometric Information Privacy Act Class Action Against Shutterfly Moves Past 12(b)(6)

Over the last six months, at least four putative class actions have been filed under the Biometric Information Privacy Act (“BIPA”)—an obscure Illinois statute passed about seven years ago to regulate the collection and use...more

Goodwin

Court Invalidates US-EU Data Transfer Safe Harbor Program

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The European Union’s highest court has, effective immediately, invalidated the US-EU Safe Harbor program relied upon by many companies as the basis for lawfully transferring and processing personal information from the EU to...more

Foley & Lardner LLP

Europe's Highest Court Invalidates EU - U.S. Safe Harbor Data Sharing Agreement

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On October 6, 2015, the European Court of Justice — Europe’s highest court — invalidated the Safe Harbor agreement and framework that has permitted more than 4,000 companies to transfer personal data from the EU to the U.S....more

Proskauer - New Media & Technology

Facial Recognition Technology: Social Media and Beyond, an Emerging Concern

This week, a major self-regulatory initiative intended to address privacy concerns associated with facial recognition technology hit a significant stumbling block. Nine consumer advocacy groups withdrew from the National...more

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