The explosive growth of generative AI has been accompanied by a corresponding growth of contractual provisions addressing generative AI issues. Website operators in particular are increasingly seeking to use their online...more
Generally, an attorney can issue subpoenas. However, when you seek to serve an Internet Service Provider ("ISP) to find out the name and address of the subscriber (who may be an infringer of your IP), the Cable Privacy Act...more
On February 20, 2024, the U.S. Court of Appeals for the Fourth Circuit (Fourth Circuit) vacated an unprecedented $1 billion judgment against Cox Communications, Inc. (Cox) for copyright infringement based on Cox’s customers’...more
Subscription services, initially marketed as a cheaper, more accessible option, have recently been experiencing a price surge. In 2023, top subscription apps like Apple Music, Amazon Music, YouTubeTV, Netflix, Peacock, HBO...more
Recently, the FCC reminded telecom providers that the cost of failing to protect their customers’ privacy is steep. In a July 28, 2023 Notice of Apparent Liability for Forfeiture, the Federal Communications Commission fined Q...more
Oregon recently joined Vermont and California as the third state requiring data broker registration before collecting, selling, or licensing “brokered personal data.” Several types of entities are exempt from the law. These...more
Two recent decisions highlight that the viability of the established business relationship, or EBR, exemption defeating class certification in a Telephone Consumer Protection Act case may depend on the defendant company’s...more
Subscription marketing is on the rise with some predicting the subscription industry will more than double by 2025. This prediction is fueled partly by the pandemic, no doubt linked to people seeking more streaming services...more
Law Will Have Implications for Companies That Offer Automatic Subscriptions or Renewals - On October 4, 2021, Governor Gavin Newsom signed into law Assembly Bill No. 390, which amends California's Automatic Renewal Law...more
We’ve written about automatic renewals before, but the $10 million price tag in the FTC’s settlement with the operators of ABCmouse should grab your attention. The FTC alleged that over a three-year period, the company...more
The Financial Industry Regulatory Authority, Inc. (FINRA) introduced two new initiatives related to the fixed income markets. FINRA proposed to establish a central depository for the public dissemination of new issue...more
On November 4, 2019, in Wainblat v. Comcast Cable Communications, LLC, et. al., No. 19-cv-10976, the District of Massachusetts ordered that a consumer privacy class action against Comcast must be arbitrated on an individual...more
In many of the U.S.’s most congested cities, ridesharing is a way of life because owning a car is expensive and inconvenient. Among frequent riders, many use Uber and Lyft apps interchangeably depending on driver availability...more
Last week, the U.S. Court of Appeals for the Eleventh Circuit held that allegations that personally identifiable information was disclosed without consent in violation of the Video Privacy Protection Act were sufficient to...more
Negative Option Marketing Enforcement Actions in Federal Court - A negative option is a provision in an offer or agreement to sell or provide any goods or services “under which the customer’s silence or failure to take...more
The First Circuit Court of Appeals’ recent decision in Yershov v. Gannett Satellite Information Network, Inc., — F.3d —-, Case No. 15-1719, 2016 WL 1719825 (1st Cir. Apr. 29, 2016), may carry important implications for mobile...more
In Yershov v. Gannett Satellite Information Network, Inc., 2016 U.S. App. LEXIS 7791 (1st Cir. Apr. 29, 2016), the First Circuit held that users of free mobile applications, or “apps,” can bring a claim against an online...more
The demand for subscription-based and recurring revenue business models is growing faster than ever. According to a 2014 report by The Economist Intelligence Unit, 80 percent of customers are demanding new consumption models...more
The First Circuit Court of Appeals, in its recent decision in Yershov v. Gannett Satellite Information Network, Inc., breaks new ground, extending the reach of the Video Privacy Protection Act of 1988 (VPPA) to video content...more
On April 29, 2016, the U.S. Court of Appeals for the First Circuit handed down its widely anticipated opinion in Yershov v. Gannett Satellite Information Network, Inc., in which it expanded the reach of the Video Privacy...more
You may be too young for this to have been a big thing to you, but almost 30 years ago, D.C. Circuit Judge Robert Bork was nominated to the Supreme Court, and Washington, D.C. went into a tizzy. Coming as it did just a year...more
This past week, the First Circuit issued a notable opinion concerning the contours of liability under the Video Privacy Protection Act (VPPA) – a decision that stirs up further uncertainty as to where to draw the line...more
The EC’s attempt to harmonize copyright across Europe raises questions for both content providers and consumers. Readers may recall that on 6 May 2015 we issued an update notifying the European Commission (EC)'s...more
Eleventh Circuit Rejects Application of VPPA to Free App - The latest decision interpreting the application of the Video Privacy Protection Act in the context of twenty-first century technology provides positive news for...more
Significantly, the Eleventh Circuit issued an opinion on October 9th that consumers who download and use free mobile apps do not fall within the definition of a “subscriber” under the Video Privacy Protection Act (VPPA)....more