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Consumer Protection Communications & Media

Read Consumer Protection updates, news, and legal commentary from leading lawyers and law firms:

Should Your Consumer Arbitration Clause Be Broader?

by Foley & Lardner LLP on

After a Central District of California Judge dismissed a consumer’s Telephone Consumer Protection Act (TCPA) case on a Motion to Compel Arbitration, companies should consider broadening their consumer arbitration provisions....more

The Retroactivity of TCPA Regulations and Amendments

by Cohen & Grigsby, P.C on

On December 13, 2017, the United States Court of Appeals for the Ninth Circuit ruled that a 2012 amendment to the Telephone Consumer Protection Act (“TCPA”) excluding liability for phone calls related to the collection of...more

TCPA FCC Petitions Tracker

by Kelley Drye & Warren LLP on

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

New Rules for Cannabis: The Coming Wave of California False Advertising and Unfair Competition Claims

by Wilson Elser on

The cannabis industry in California should expect to see a sharp increase in false advertising and unfair competition claims in 2018. These claims will be premised on violation of the state cannabis regulations, but will be...more

IoT Device Companies: COPPA Lessons Learned from VTech’s FTC Settlement

by Patrick Law Group, LLC on

In “IoT Device Companies: Add COPPA to Your "To Do" Lists,” I summarized the Federal Trade Commission (FTC)’s June, 2017 guidance that IoT companies selling devices used by children will be subject to the Children’s Online...more

Toy Company Settles DOJ Complaint Alleging Violations of Children’s Online Privacy Rule and FTC Act

by Weiner Brodsky Kider PC on

The Federal Trade Commission (FTC) recently announced a settlement with an electronic toy manufacturer for violating the Children’s Online Privacy Protection Rule (COPPA) and the FTC Act. The COPPA Rule prohibits unfair or...more

The State AG Report Weekly Update January 18, 2018

by Cozen O'Connor on

AG Elections- Democrat LaKresha Roberts Declares Candidacy for Delaware AG- Democrat LaKresha Roberts, former Chief Deputy AG in the Delaware AG’s office, announced her bid for Delaware AG in 2018....more

Ninth Circuit Again Rejects Vicarious Liability Theory Under the TCPA

by Locke Lord LLP on

The latest decision out of the Ninth Circuit regarding vicarious liability under the Telephone Consumer Protection Act (“TCPA”) has again gone in favor of defendants. See Kristensen v. Credit Payment Servs., No. 16-15823,...more

Proceed To Check Out? The Impact Of 2018 European E-Commerce Reforms

by Morrison & Foerster LLP on

Summary - The European Union (EU) has made reform of the e-commerce rules in Europe one of its main priorities for 2018. The European Commission has already published two proposed Directives relating to cross-border...more

TCPA Vicarious Liability Limited by Ninth Circuit in Texting Class Action

In the high-risk Telephone Consumer Protection Act (TCPA) arena, the Ninth Circuit recently offered some respite. On January 10, 2018, the Ninth Circuit limited the potential liability that companies may unknowingly face for...more

Settlement Offers Guidance on What “Reasonable” Security Means Under COPPA

The FTC’s COPPA Guidance does an admirable job explaining the basics of what a business needs to do to comply with COPPA, but is vague as to how a business must protect personal information collected from children. The COPPA...more

Reading Between the Blurred Lines

The Federal Trade Commission recently released a Staff Report regarding consumer recognition of native and search advertising entitled “Blurred Lines”, summarizing its findings from its self-styled “exploratory research”....more

FTC Enforcement of COPPA for Internet of Things Reaches Flashpoint

by Morgan Lewis on

Galvanized by a confluence of charged factors—like privacy, cybersecurity, children, and the Internet of Things (IoT)—and sparked by recent assertions of Children’s Online Privacy Protection Act (COPPA) regulatory power, the...more

Second Circuit Holds Flu Shot Reminder Did Not Violate the TCPA

The Second Circuit has affirmed a lower court decision that a flu shot reminder sent by text message by a medical provider did not violate the Telephone Consumer Protection Act (the “TCPA”). The decision is important because...more

Social Links: Facebook ups its facial recognition game; retracing Twitter’s 2017 missteps; YouTube stars’ fan bases reach their...

In order to comply with a new German law requiring social media sites to take down hate speech, Twitter and Facebook removed anti-Islamic social media posts authored by a German far-right political party....more

Ninth Circuit Finds No Vicarious Liability Under the TCPA for Marketing Text Message

by Burr & Forman on

In Kristensen v. Credit Payment Services, Inc., — F.3d —, 2018 WL 343758 (9th Cir. 2018), the Ninth Circuit recently held that three lenders and two marketing companies could not be vicariously liable under the TCPA for text...more

Rulings, Orders, Settlements – January 10, 2018

by Perkins Coie on

Court Grants Motion to Dismiss Class Action Involving Organic Baby Formula - Organic Consumers Association v. The Hain Celestial Group, Inc., No. 1:16-cv-00925 (D.D.C.): The Court entered an order granting Defendant’s...more

FDA to step up enforcement of homeopathic medicine

by Thompson Coburn LLP on

Homeopathic medicine has long occupied a niche in American culture. Since 1988, with the issuance of the Compliance Policy Guide, § 400.400, “Conditions Under Which Homeopathic Drugs May be Marketed,” the FDA has had a...more

Regulatory Changes Ahead: The 2018 Landscape for Technology Businesses in Europe

by Morrison & Foerster LLP on

Summary - The European Union has published its 2018 Work Programme which sets out a challenging agenda of legislative and regulatory change for the technology, media and telecoms (TMT) sectors, to be delivered in...more

Connected Devices Bring New Product Liability Challenges

"My Google Home Mini was inadvertently spying on me 24/7 due to a hardware flaw,” wrote a tech blogger who purchased Google Inc.’s latest internet of things (IoT) device. Following the incident, a pact of consumer advocacy...more

Digital Health Year in Review: 2017 Trends and Looking Ahead to 2018

by McDermott Will & Emery on

Introduction - Throughout 2017, the health care and life science industries experienced a widespread proliferation of digital health innovation that presents challenges to traditional notions of health care delivery and...more

The Top 10 Class-Action-Related Developments of 2017

by BakerHostetler on

2017 was a relatively quiet year for major class action news, especially in the Supreme Court, which addressed only a handful of cases that might have an impact on class actions and reached decisions only in a couple of those...more

A List of Lists - 2018

Often derided as clickbait, listicles get a bum rap. They can be light on substantive content, sure, but sometimes that’s a good thing, especially for the busy readers of legal blogs, who would do well to treat themselves to...more

The Last Time DOJ Sued to Block a Vertical Merger was Over Forty Years Ago . . . And It Lost

On November 20, 2017, the Department of Justice (“DOJ”) filed suit in the District Court for the District of Columbia to block AT&T’s attempted acquisition of Time Warner Inc. AT&T (through its cellular network, its...more

Second Circuit Finds that Flu Shot Reminder Text Does Not Violate TCPA

by Burr & Forman on

In Latner v. Mt. Sinai Health System, Inc., ___ F.3d ___, 2018 WL 265085 (2d Cir. 2018), the Second Circuit recently held that a single flu shot reminder text does not violate the TCPA when a patient gives prior express...more

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