Personally Identifiable Information Marketing

News & Analysis as of

Corporate Investigations & White Collar Defense - October 2015

"Wherefore Art Thou Due Process?" Part III - Why it matters: It is time for another installment in our continuing "Wherefore Art Thou Due Process?" coverage into the ongoing constitutional challenges to the SEC's...more

New Delaware Act Requires Online Privacy Policy for Websites

A new privacy law requires companies to make specific statements about what information is collected on its website. Like California, it also requires that companies state in writing whether they respect “Do Not Track”...more

Delaware Enacts First Privacy Law with Focus on Children

The Delaware Online Privacy and Protection Act takes a broad approach to the collection and disclosure of personally identifiable information. Delaware Governor Jack Markell recently signed the Delaware Online Privacy...more

Revisiting Privacy Policies and Practices in Light of Delaware Law

The Delaware Online Privacy and Protection Act (the "Act") addresses privacy policy, marketing or advertising to Delaware residents under age 18 and digital book service information disclosure requirements. The Act goes into...more

EU Privacy Law May Require Individual Third Party Consent for Sale of Customer Email Lists

Parties to transactions involving personal data in Europe are well-advised to investigate whether individual consent or the offer of opt-outs are required to avoid the risk of fines and other sanctions imposed by the DPA or...more

FTC Charges Data Broker With Facilitating Theft Of Millions From Consumer Accounts

On December 23, 2014, the Federal Trade Commission ("FTC") announced the filing of a complaint charging a data broker with selling the sensitive personal information of hundreds of thousands of consumers to third parties that...more

California’s “Online Eraser” Law for Minors to Take Effect Jan. 1, 2015

On Jan. 1, 2015, California’s “Online Eraser” law will take effect, requiring websites and other online service operators to delete on demand any content posted by minors. The law also prohibits such operators from sharing...more

Why Worry About a Little Skimmer?

Merchants—rightfully so—are worried about securing their payment card environments so that their name does not appear in a headline discussing how millions of cards were stolen from them. Faced with the challenge of...more

Trending Information: The Connection Between Data Brokers and the Fashion Industry

Consumers frequently reveal personal information about themselves through a variety of daily online and offline activities. For fashion designers and retailers, this consumer information represents a valuable tool to...more

Ninth Circuit Rules That Redbox's Collection of Customer ZIP Codes Falls Under "Deposit" Exception to California's Song-Beverly...

In a 2-1 decision, a Ninth Circuit panel has affirmed a district court's dismissal of a putative class action against Redbox - the company with the bright red DVD-rental kiosks - alleging violations of California's...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

You Can't Always Get What You Want: D. Mass. Awards Small Fraction Of Requested Attorneys' Fees In ZIP Code Class Settlement

In an opinion reminiscent of the famous Rolling Stones song, Judge Richard Stearns on December 26th awarded plaintiffs' class counsel fees of $75,959.00 of a requested amount of $450,000 for work performed in connection with...more

New York Targets Lead Generators In Expanded Online Payday Lending Investigation

On December 3, New York Governor Andrew Cuomo announced that the state Department of Financial Services (DFS) sent subpoenas to 16 online “lead generation” companies as part of its expanding investigation into online payday...more

It’s Déjà Vu All Over Again: Massachusetts Allows Actions for Violation of Privacy Rights Based on Collection of ZIP Codes

Massachusetts appears to have followed California’s lead in opening a litigation floodgate over ZIP code collection at the point of sale. In 2011, the California Supreme Court held in Pineda v. Williams-Sonoma Stores, Inc.,...more

Hong Kong Data Privacy Law Update: Personal Data (Privacy) (Amendment) Ordinance 2012

INTRODUCTION - The Personal Data (Privacy) (Amendment) Ordinance 2012 (“Amendment Ordinance”) was formally adopted in July 2012. One of the most significant changes the Amendment Ordinance made to the existing Personal...more

Déjà Vu All Over Again: California Federal Court Finally Tells Merchants When They Can Ask Consumers for Personal Infomation - But...

A federal judge in the U.S. District Court for the Eastern District of California issued an opinion Dec. 17, 2012, that seems to answer definitively a question that has weighed on the minds of California merchants for the...more

“Clear and Conspicuous” FTC Guidance on Marketing Mobile Apps

The Federal Trade Commission (FTC or Commission) recently published a guide, Marketing your Mobile App: Get it Right From the Start, to help mobile app developers understand FTC advertising and privacy rules. ...more

No “Do Overs”: Children, Personal Information and Marketing in Canada

Few dispute that the law should protect the privacy of children. In a recent decision of the Supreme Court of Canada, the court held that the “[r]ecognition of the inherent vulnerability of children has consistent and deep...more

FTC Issues Mobile App Privacy and Marketing Guidelines for App Developers

The Federal Trade Commission (“FTC”) stated earlier this year in its final privacy report that it is going to focus legal enforcement efforts on privacy and data security law compliance in the mobile space. As a part of this...more

App Developers Beware: FTC and Congress Are Watching Your Claims, Privacy Issues

All mobile app developers need to know that the federal government is stepping up its regulation of data privacy and truth-in-advertising for mobile apps. The Federal Trade Commission is now actively monitoring mobile...more

FTC Issues Guidance for Mobile App Privacy and Advertising; Signals More Enforcement Coming

On September 5, 2012, the Federal Trade Commission (FTC) published a brief guide to assist developers of mobile applications, both large and small, in complying with truth-in-advertising, privacy, and data security...more

Marketing to Kids: FTC Seeks Comments on New Rule

The U.S. Federal Trade Commission (FTC) is proposing new rules under the Children’s Online Privacy Protection Act (COPPA). The current COPPA Rules date to 1999, long before the proliferation of advertising networks and...more

FTC Privacy Framework Report – Key Takeaways and Significant Implications for Business From FTC's "Protecting Consumer Privacy in...

On March 26th, the Federal Trade Commission (FTC) released a much-anticipated report reflecting the Commission’s views on what constitutes “best practice” for privacy protection and additional recommendations for future...more

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