A federal judge in Pennsylvania has allowed a data breach class action against Coca-Cola and several bottling companies to proceed, finding that the plaintiff has Article III standing even though he had left Coca-Cola’s...more
10/7/2015
/ Article III ,
Civil Conspiracy ,
Clapper v. Amnesty International ,
Class Action ,
Coca Cola ,
Data Breach ,
Fraudulent Charges ,
Identity Theft ,
Injury-in-Fact ,
Misrepresentation ,
Motion to Dismiss ,
Personally Identifiable Information ,
Standing
In a landmark decision that threatens to undo the process by which American companies handle personal data flowing from the European Union, the Advocate General (AG) of the European Court of Justice (ECJ) issued an advisory...more
10/1/2015
/ Advocate General ,
Better Business Bureau ,
Cybersecurity ,
Data Protection ,
Data Security ,
Data Transfers ,
Edward Snowden ,
EU Data Protection Laws ,
European Court of Justice (ECJ) ,
Facebook ,
Federal Trade Commission (FTC) ,
National Security Agency (NSA) ,
Personal Data ,
PRISM Program ,
Safe Harbors ,
U.S. Commerce Department ,
US-EU Safe Harbor Framework
The Federal Communications Commission (FCC) recently issued citations to two companies charged with violating the Telephone Consumer Protection Act (TCPA) consent requirements for autodialed or prerecorded calls to wireless...more
9/21/2015
/ Apple Pay ,
Banking Sector ,
Banks ,
Cell Phones ,
Class Action ,
Disclosure Requirements ,
FCC ,
Online Banking ,
Opt-Outs ,
Prior Express Consent ,
Right to Privacy ,
Robocalling ,
Smartphones ,
TCPA ,
Telecommunications ,
Telemarketing
The Federal Trade Commission (FTC) recently announced a settlement with a company that services auto loans for alleged violations of the Fair Credit Reporting Act (FCRA) “Furnisher Rule.” The settlement serves as a reminder...more
9/18/2015
/ Automotive Loans ,
Civil Monetary Penalty ,
Consumer Financial Protection Bureau (CFPB) ,
Consumer Lenders ,
Consumer Reporting Agencies ,
CRA ,
Fair Credit Reporting Act (FCRA) ,
Federal Trade Commission (FTC) ,
Financial Institutions ,
FTC Act ,
Unfair or Deceptive Trade Practices
The U.S. Courts of Appeals for the 11th and Sixth Circuits recently issued two rulings regarding when a consumer has given “prior express consent” under the Telephone Consumer Protection Act (TCPA) to receive text messages or...more
9/3/2015
/ Appeals ,
Cell Phones ,
FCC ,
Hobbs Act ,
Loan Modifications ,
Prior Express Consent ,
Reasonable Expectation of Privacy ,
Right to Privacy ,
Robocalling ,
TCPA ,
Telecommunications ,
Telemarketing ,
Text Messages ,
Unsolicited Phone Calls
The Federal Trade Commission (FTC) can regulate cybersecurity policies and procedures as “unfair” acts or practices under Section 5 of the FTC Act, the U.S. Court of Appeals for the Third Circuit has ruled in a very important...more
9/1/2015
/ Appeals ,
Banking Sector ,
Banks ,
Best Practices ,
COPPA ,
Cyber Attacks ,
Cyber Crimes ,
Cybersecurity ,
Cybersecurity Framework ,
Data Protection ,
Data Security ,
Dodd-Frank ,
Fair Credit Reporting Act (FCRA) ,
Federal Trade Commission (FTC) ,
Financial Institutions ,
Fraudulent Charges ,
FTC Act ,
FTC v Wyndham ,
Gramm-Leach-Blilely Act ,
Hackers ,
Jurisdiction ,
Motion to Dismiss ,
NIST ,
Section 5 ,
Unfair or Deceptive Trade Practices ,
Wyndham
Four pieces of legislation intended to improve online privacy and protections for Delaware residents were signed into law by Governor Jack Markell on August 7, 2015. Collectively, this legislation will impact a broad range of...more
8/26/2015
/ Department of Education ,
Department of Energy (DOE) ,
Domestic Violence ,
Educational Institutions ,
Employment Policies ,
Internet Service Providers (ISPs) ,
Passwords ,
Personally Identifiable Information ,
Privacy Laws ,
Privacy Policy ,
School Districts ,
Sexual Assault ,
Social Media Policy ,
Social Networks ,
Stalking ,
Student Privacy
The Federal Communications Commission (FCC) has recently taken two significant actions addressing robocalls under the Telephone Consumer Protection Act (TCPA)—the imposition of a $2.96 million fine and the adoption of new...more
8/17/2015
/ Cell Phones ,
Do Not Call List ,
FCC ,
Popular ,
Prior Express Consent ,
Private Right of Action ,
Right to Privacy ,
Robocalling ,
Smartphones ,
TCPA ,
Telecommunications
The U.S. Court of Appeals for the Third Circuit has ruled that Pennsylvania’s recording statute does not require the recording of all conveyances. As a result, the Third Circuit reversed the district court’s refusal to enter...more
8/7/2015
/ Banking Sector ,
Banks ,
Class Action ,
Declaratory Judgments ,
Deeds ,
Financial Institutions ,
Lenders ,
MERS ,
Mortgage Lenders ,
Mortgages ,
Recording Fees
Phone calls made to promote a movie constituted “telemarketing” under the Telephone Consumer Protection Act (TCPA) even though the two prerecorded messages left on the plaintiffs’ home phone line made no reference to the...more
7/30/2015
/ Article III ,
Class Action ,
Corporate Counsel ,
Do Not Call List ,
Popular ,
Putative Class Actions ,
Robocalling ,
SCOTUS ,
Spokeo ,
Spokeo v Robins ,
Standing ,
TCPA ,
Telemarketing
An increase in data breach class actions could be the result of a recent decision of the Seventh Circuit holding that allegations of future harm stemming from a data breach can establish Article III standing. The majority of...more
7/29/2015
/ Adobe ,
Article III ,
Class Action ,
Credit Cards ,
Cyber Attacks ,
Cyber Crimes ,
Data Breach ,
Hackers ,
Identity Theft ,
Invasion of Privacy ,
Negligence ,
Neiman Marcus ,
Standing
The Department of Justice (DOJ) recently announced the largest coordinated international law enforcement effort ever directed at an online cyber-criminal forum. Financial institutions and other companies should consider...more
7/24/2015
/ Best Practices ,
Criminal Prosecution ,
Cyber Crimes ,
Cybersecurity ,
Department of Justice (DOJ) ,
Enforcement Actions ,
FBI ,
Financial Institutions ,
Hackers ,
Malware ,
New Guidance ,
NIST
As previously reported, the Federal Communications Commission recently approved a Declaratory Ruling and Order (the Order) addressing a number of petitions that requested the FCC clarify its interpretations of the Telephone...more
7/14/2015
/ Auto-Dialed Calls ,
Collection Agencies ,
Debt Collection ,
Declaratory Rulings ,
Exemptions ,
FCC ,
Financial Institutions ,
Healthcare ,
Prior Express Consent ,
Revocation ,
TCPA ,
Telemarketing ,
Text Messages
The Federal Financial Institutions Examination Council (FFIEC) has released its long-awaited Cybersecurity Assessment Tool (Assessment) to help financial institutions identify the inherent risks faced by a company and...more
The Federal Trade Commission (FTC) recently proposed amendments to its Gramm-Leach-Bliley Act (GLBA) rules requiring motor vehicle dealers to send their customers an annual privacy notice. The amendments would allow motor...more
6/23/2015
/ Automotive Industry ,
Car Dealerships ,
Consumer Financial Protection Bureau (CFPB) ,
Disclosure Requirements ,
Federal Trade Commission (FTC) ,
Gramm-Leach-Blilely Act ,
Notice Requirements ,
Privacy Policy ,
Proposed Amendments ,
Rulemaking Process ,
Websites
The Federal Communications Commission, in a divided vote, approved an order clarifying several long-simmering Telephone Consumer Protection Act (TCPA) issues. While the order has not been officially released, the...more
A Pennsylvania judge has dismissed a class action arising out of the breach of confidential employee information, adding to a growing body of state courts that have found that negligence claims alleging failure to provide...more
Federal Communications Commission (FCC) Chairman Tom Wheeler has issued a fact sheet describing his proposed declaratory rulings on various issues involving the FCC’s interpretation of the Telephone Consumer Protection Act...more
The Federal Trade Commission recently announced a proposed settlement with a retail tracking company to resolve charges that the company’s privacy policy misled consumers about their ability to opt out of the company’s...more
The New York State Department of Financial Services (NYDFS) recently issued a report identifying common cybersecurity issues and concerns caused by the failure of some banks to sufficiently manage vulnerabilities posed by...more
The U.S. Court of Appeals for the 11th Circuit has ruled that a plaintiff must show that the defendant knew its conduct violated the Telephone Consumer Protection Act (TCPA) to establish a willful or knowing TCPA violation....more
In its recent press release, the Federal Financial Institutions Examination Council (FFIEC) issued two statements reiterating financial institutions' obligations to have measures in place to prevent and mitigate cybersecurity...more
In a recent announcement, the Federal Communications Commission (FCC) asked for public comments on a petition to relax some of the Telephone Consumer Protection Act's (TCPA’s) requirements for educational organizations. If...more
President Obama has finally revealed the text of draft legislation that would establish “baseline protections” for consumers under a proposed Consumer Privacy Bill of Rights. The bill would impose new legal requirements on...more
The Federal Trade Commission recently announced that it has entered into proposed settlements with two auto title lenders that were charged with deceptive advertising in violation of Section 5 of the FTC Act and the Truth in...more