On Tuesday and Wednesday of this week, the California Assembly voted to approve four bills to amend the California Consumer Privacy Act (CCPA). The legislation now moves to the California Senate....more
5/31/2019
/ California Consumer Privacy Act (CCPA) ,
Consumer Privacy Rights ,
Cybersecurity ,
Data Collection ,
Data Privacy ,
Data Protection ,
Employees ,
Job Applicants ,
Personally Identifiable Information ,
Privacy Laws ,
Proposed Amendments
On Wednesday, the California Assembly voted to approve two bills to amend the California Consumer Privacy Act (“CCPA”). The legislation now moves to the California Senate....more
In February, we posted that the California Attorney General and state Senator Hannah-Beth Jackson had announced a bill that would have materially expanded legal exposure for businesses under the CCPA. The most concerning...more
Kelley Drye’s Communications Practice Group presents this tracker of active Telephone Consumer Protection Act (“TCPA”) petitions before the Federal Communications Commission (“FCC”). With the recent increase in litigation...more
5/16/2019
/ ATDS ,
Auto-Dialed Calls ,
Cell Phones ,
Declaratory Rulings ,
FCC ,
Prior Express Consent ,
Reassigned Phone Numbers ,
Robocalling ,
TCPA ,
Telecommunications ,
Telemarketing ,
Text Messages
On April 23, the California Assembly’s Committee on Privacy and Consumer Protection held a hearing to discuss a number of proposed amendments to the California Consumer Privacy Act (CCPA)....more
Earlier this month, the Department of Justice released a White Paper and FAQ on the Clarifying Lawful Overseas Use of Data (CLOUD) Act. Enacted in March 2018, the CLOUD Act attempts to resolve the legal conflicts that arise...more
Kelley Drye’s Communications Practice Group presents this tracker of active Telephone Consumer Protection Act (“TCPA”) petitions before the Federal Communications Commission (“FCC”). With the recent increase in litigation...more
4/16/2019
/ ATDS ,
Auto-Dialed Calls ,
Cell Phones ,
Declaratory Rulings ,
FCC ,
Prior Express Consent ,
Revocation ,
Robocalling ,
TCPA ,
Telecommunications ,
Telemarketing ,
Text Messages
A federal judge allowed a class-action lawsuit alleging Bose collected and shared data about its headphone users to proceed last week on the basis of deceptive advertising. The decision underscores the risks that internet of...more
Kelley Drye’s Communications Practice Group presents this tracker of active Telephone Consumer Protection Act (“TCPA”) petitions before the Federal Communications Commission (“FCC”). With the recent increase in litigation...more
3/20/2019
/ Auto-Dialed Calls ,
Declaratory Rulings ,
Exemptions ,
FCC ,
Mobile Devices ,
Opt-Outs ,
Prior Express Consent ,
Robocalling ,
TCPA ,
Telemarketing ,
Text Messages
Businesses often include mandatory arbitration clauses in their pre-dispute dealings with customers to prevent costly consumer class actions in favor of streamlined (often individual) arbitration. The Federal Arbitration Act...more
The FTC recently announced a $5.7 million settlement with app developer Musical.ly for COPPA violations associated with its app (now known as TikTok)—the agency’s largest-ever COPPA fine since the enactment of the statute....more
The Federal Trade Commission (FTC) announced this week that it is seeking comments on proposed amendments to the Privacy Rule and Safeguards Rule under the Gramm-Leach-Bliley Act (GLBA)....more
The National Institute of Standards and Technology (NIST) released a preview of its plans for a standard Privacy Framework this past week. The purpose of the Framework is to help organizations better manage privacy risks....more
The current and future definition of what qualifies as an automatic telephone dialing system (ATDS or autodialer) remains a hotly debated and evaluated issue for every company placing calls and texts, or designing dialer...more
Last week, the California Assembly’s Standing Committee on Privacy and Consumer Protection held a hearing to discuss the California Consumer Privacy Act. While many panelists from the private sector pointed out problems with...more
Kelley Drye’s Communications Practice Group presents this tracker of active Telephone Consumer Protection Act (“TCPA”) petitions before the Federal Communications Commission (“FCC”). With the recent increase in litigation...more
2/20/2019
/ Auto-Dialed Calls ,
Call Blocking ,
Declaratory Rulings ,
Exemptions ,
FCC ,
Mobile Devices ,
Opt-Outs ,
Prior Express Consent ,
Reassigned Phone Numbers ,
Revocation ,
Robocalling ,
TCPA ,
Telemarketing ,
Text Messages
The Federal Trade Commission (FTC) announced this week that it would not update its anti-spam rule, completing the agency’s first 10-year review of the regulation.
The FTC last updated the rule, known as the CAN-SPAM Rule,...more
Last week, five advertising and marketing trade associations jointly filed comments with the California Attorney General seeking clarification on provisions within the California Consumer Privacy Act (CCPA)....more
Data brokers have until this Thursday to register with the Vermont Secretary of State as part of a new data broker oversight law that became effective January 1st.
Approved unanimously by the Vermont Senate last May, the...more
Kelley Drye’s Communications Practice Group presents this tracker of active Telephone Consumer Protection Act (“TCPA”) petitions before the Federal Communications Commission (“FCC”). With the recent increase in litigation...more
1/30/2019
/ ATDS ,
Auto-Dialed Calls ,
Cell Phones ,
Debt Collection ,
Declaratory Rulings ,
FCC ,
Prior Express Consent ,
Revocation ,
Robocalling ,
TCPA ,
Telecommunications ,
Telemarketing ,
Text Messages
As we noted previously, the California Attorney General is holding a series of public forums on the California Consumer Privacy Act (CCPA) to provide the public with an initial opportunity to comment on CCPA requirements and...more
On January 10, 2019, Massachusetts Governor Charlie Baker signed into law the , which amends Massachusetts data breach reporting laws. The new law, available here, amends the timing and content of individual and regulator...more
43 State Attorneys General and the District of Columbia announced a settlement with Neiman Marcus Group LLC resolving the states’ investigation into the company’s 2013 data breach and its security practices. Over a...more
California Attorney General Xavier Becerra announced that the California Department of Justice will hold a series of six public forums on the California Consumer Privacy Act (CCPA). The hearings will take place during...more
Kelley Drye’s Communications Practice Group presents this tracker of active Telephone Consumer Protection Act (“TCPA”) petitions before the Federal Communications Commission (“FCC”). With the recent increase in litigation...more
12/18/2018
/ ATDS ,
Auto-Dialed Calls ,
Cell Phones ,
Debt Collection ,
Declaratory Rulings ,
FCC ,
Prior Express Consent ,
Reassigned Phone Numbers ,
Revocation ,
Robocalling ,
TCPA ,
Telecommunications ,
Telemarketing ,
Text Messages