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FCC Considers Updates to Telephone Consumer Protection Act

The Telephone Consumer Protection Act (TCPA) has not been updated in over 30 years. The Federal Communications Commission (FCC) has been asked by Congress to take “decisive action in addressing the escalating issue of...more

Data Privacy + Cybersecurity Insider - November 2021 #4

CYBERSECURITY - CISA + FBI Remind Organizations to “Stay Vigilant” During Holiday Season - The Cybersecurity & Infrastructure Security Agency (CISA) and the FBI issued a joint Alert this week, entitled “Reminder for...more

Court Denies GrubHub’s Motion to Dismiss in TCPA Class Action

The U.S. District Court for the Northern District of Illinois denied a motion to dismiss a class action for allegations that GrubHub, Inc. violated the Telephone Consumer Protection Act (TCPA). The plaintiff alleged that she...more

Data Privacy + Cybersecurity Insider - August 2021 #4

CYBERSECURITY - Emerging Ransomware Groups Getting into the Action - According to a report issued on August 24, 2021, by Unit 42 of Palo Alto Networks Ransomware Groups to Watch: Emerging Threats, four emerging ransomware...more

FCC Imposes its Largest Fine to Date for Robocalls in Violation of the TCPA

This week the Federal Communications Commission (FCC) proposed its highest financial penalty against lobbyist and political consultant group, John M. Burkman, Jacob Alexander Wohl, and J.M. Burkman & Associates LLC (the...more

Eleventh Circuit Says Invasion-of-Privacy Exclusion Bars Coverage of Class Action Settlement

Last week, the Eleventh Circuit held that an invasion-of-privacy exclusion in an insured’s policy barred coverage and that Liberty Insurance Underwriters Inc.  did not have to cover the $60.4 million settlement of  a class...more

Supreme Court’s Decision in Facebook Litigation Narrows the Scope of the TCPA

At the beginning of April 2021, the U.S. Supreme Court unanimously ruled in favor of Facebook in Facebook, Inc. v. Duguid, reversing the decision of the Ninth Circuit Court of Appeals , holding: “To qualify as an ‘automatic...more

Data Privacy + Cybersecurity Insider - February 2021

CYBERSECURITY - Ransomware Incident Compromises Unemployment Claim Information of 1.6M in WA - It is being reported that the Office of the Washington State Auditor (SAO) is investigating a security incident, allegedly...more

FCC Ruling Carves Out Exception for Certain Clinical Trial Calls Under the TCPA

Recently, the Federal Communications Commission (FCC) clarified that a call made using artificial or pre-recorded voice to a residential telephone line for the SOLE purpose of identifying individuals to participate in a...more

Data Privacy + Cybersecurity Insider - September 2020 #2

CYBERSECURITY - City of Hartford Hit with Ransomware Attack, Causing School Delay - Cyber-attackers know that city and town officials have been gearing up for the start of school and the potential for remote learning,...more

ViSalus to Pay $925 Million Award for Alleged TCPA Violations

Last month, an Oregon federal judge refused ViSalus’ request to decrease the $925 million jury award against it for its alleged violations of the Telephone Consumer Protection Act (TCPA). ViSalus, a health supplement maker,...more

Data Privacy + Cybersecurity Insider - February 2020 #3

Natural Gas Compressor Facility Shut Down After Ransomware Attack - The Department of Homeland Security (DHS) announced this week that a ransomware attack shut down a natural gas compressor facility for two days. While in...more

Judge Rejects $4 Million TCPA Settlement

This week, a Pennsylvania federal judge refused to approve a proposed $4 million settlement for violations of the Telephone Consumer Protection Act (TCPA) because it would provide the 67,000 class members with only $35 each....more

Data Privacy + Cybersecurity Insider - September 2019

The Wolcott school system in Wolcott, Connecticut has been recovering for four months from a ransomware attack that hit its system at the end of the school year. Last week, it was hit with a second attack. According to...more

$267 Million Judgment against Debt Collector for TCPA Violations

On September 10, 2019, California federal judge, U.S. District Judge Yvonne Gonzalez Rogers, entered a $267 million judgment against a debt collection agency, Rash Curtis & Associates (Rash Curtis), for its violation of the...more

Data Privacy + Cybersecurity Insider - April 2019

New malicious malware dubbed “Gustuff” targets big banks, fintech companies and cryptocurrency apps, according to the security firm Group IB. ...more

Data Privacy + Cybersecurity Insider - March 2019

Cybersecurity company Carbon Black recently issued are port of the results of a survey of chief information security officers (CISOs) of financial organizations, which showed that the financial industry is getting hammered by...more

Plaintiff Argues GoDaddy Texting Campaign Used an Autodialer

Lead plaintiff, John Herrick, in the Telephone Consumer Protection Act (TCPA) class action lawsuit against GoDaddy.com LLC (GoDaddy.com) rallied against an Arizona federal judge’s May 2018 decision to grant summary judgment...more

Data Privacy + Cybersecurity Insider - February 2019 #2

To illustrate just how creative phishing campaigns have become, on January 30, 2019, it was reported by multiple credit unions that Bank Secrecy Act officers at credit unions around the country received emails that appeared...more

Data Privacy + Cybersecurity Insider - January 2019 #5

I was a speaker at a recent conference of municipalities in a state last week, and during my presentation, I mentioned the various cyber-attacks that have affected cities, towns and educational departments in the U.S....more

TCPA Class Action filed Against Medspa for Unwanted Text Messages

Last week, Florida skin care spa, Medspa Del Mar LLC (Medspa) was hit with a Telephone Consumer Protection Act (TCPA) class action in federal court for allegedly using an automatic dialing system to send unwanted text...more

Data Privacy + Cybersecurity Insider - April 2018 #2

Pipeline Companies Targeted by Cyber-Attacks - Reports show that U.S. energy companies reported more than 350 cybersecurity incidents to the U.S. Department of Homeland Security between 2011 and 2015. Pipeline companies are...more

Data Privacy + Cybersecurity Insider - February 2018 #4

U.S. Estimates that Cyber Hacks Cost Up to $109 Billion in 20 - The Council for Economic Advisors (CEA) issued a report this month, entitled “The Cost of Malicious Cyber Activity to the U.S. Economy,” which concludes that...more

TOPS Software Company Hit with TCPA Class Action

Last week, TOPS Software LLC (TOPS), a software company that specializes in condominium and homeowners association communication platforms, was served with a class action in Illinois federal court which alleges that TOPS...more

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