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Consumer Protection Privacy

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

Financial Services Weekly News - December 2017 #2

by Goodwin on

Editor's Note - Attack of the State AGs. On December 12, New York Attorney General Eric T. Schneiderman and 16 other state attorneys general (State AGs) sent a letter to President Trump arguing that past statements by Mick...more

‘Scandals spawn hashtags and disasters breed domain names’. EQUIFAX DOMAINS…PART TWO

A few weeks ago, we reported that Equifax was successful in wresting over 125 domain names from squatters who were hoping to cash in on the publicity behind the Equifax security breach. For those that have been in a sensory...more

Cybersecurity Guidance on SEC Horizon

In a push for increased cybersecurity vigilance, the Securities and Exchange Commission indicated its plans to amend existing data security guidance, including the reporting of data breaches....more

Proposed Law Would Criminalize Failures to Report Data Breaches

A draft bill recently introduced in the U.S. Senate serves as a good reminder that compliance with data breach reporting requirements is critical. This bill follows significant, high-profile data breaches by Uber and Equifax,...more

Cybersecurity 2018 – The Year in Preview: Privacy and Security in Educational Institutions

Editors’ Note: This is the sixth in a multi-part end-of-year series examining important trends in data privacy and cybersecurity during the coming year. Previous installments include analyses of HIPAA compliance, emerging...more

EU Data Protection Authorities Release Report on Privacy Shield

by King & Spalding on

On November 28, 2017, the statutorily-appointed independent EU advisory body known as the Article 29 Working Party (“WP29”) released its report following the First Annual Joint Review on the EU-U.S. Privacy Shield (“Privacy...more

Spokeo Standing in 2017

by McGuireWoods LLP on

With the year ending, and McGuireWoods’s webinar next week on class actions’ Hot Issues of 2017 approaching, this seems like a good time to take note of a few of the trends we have seen arising in class actions over the last...more

Lawmakers Seek to Keep Things Private

Federal lawmakers are considering the Consumer Privacy Protection Act of 2017, a new bill that would regulate the storage online of certain types of personal consumer information....more

UK High Court: Employers May Be Vicariously Liable for Employee Data Breaches

by Morgan Lewis on

The ruling stems from a case that signals a growing trend toward group action litigation involving data protection, and poses new risks for companies who should respond with increased vigilance in employee recruitment,...more

Privacy Shield: Article 29 Working Party Calls Upon the European Commission and US Authorities to Restart Discussions

On November 28, 2017, the EU’s Article 29 Working Party issued its report on the First Annual Joint Review of the EU-US Privacy Shield, which was conducted on September 18-19, 2017....more

FINRA Releases Report On Examination Program Observations

by King & Spalding on

On December 6, 2017, the Financial Industry Regulatory Authority (“FINRA”) issued a report describing findings and observations from its member firm examination program (the “Report”)....more

Sears Tries to Sell FTC on Settlement Tweaks

Should the Federal Trade Commission revise its 2009 settlement with Sears involving the company’s data security practices? In an administrative complaint, the FTC alleged that Sears Holdings Management Corp. failed to...more

Senators Re-Introduce Bill Requiring 30-Day Notification of Company Data Breaches

As we near the end of a year that has seen more than its share of massive data breaches, two bills have been introduced (one re-introduced) in the U.S. Senate....more

Article 29 Working Party Sets Deadline to Address Privacy Shield Concerns

by Hogan Lovells on

Hot on the heels of the European Commission’s official review of the functioning of the EU-U.S. Privacy Shield framework, the Article 29 Working Party (Working Party) of EU data protection regulators has issued its own report...more

The Government’s Role in Promoting and Leading Effective Cybersecurity

by Morgan Lewis on

Introduction - Data breaches have the power to inflict significant damage and consequences with the potential to bring a company, industry or government agency to its knees, or adversely harm those individuals whose...more

The New EU Privacy Law, General Data Protection Regulation — What A Non-EU Company Should Know

by Cozen O'Connor on

The new European privacy law, General Data Protection Regulation (GDPR), was approved by the European Union (EU) Parliament to replace its predecessor Data Protection Directive 95/46/EC (Directive). GDPR will be enforceable...more

Data Privacy + Cybersecurity Insider - December 2017

by Robinson & Cole LLP on

The Consumer Financial Protection Bureau (CFPB), one of the watchdogs of the financial services industry, has announced through Acting Director Mick Mulvaney that it will no longer collect personal information of consumers...more

Cybersecurity 2018 – The Year in Preview: Biometrics

Editors’ Note: This is the fifth in a multi-part end-of-year series examining important trends in data privacy and cybersecurity during the coming year. Previous installments include analyses of HIPAA compliance, emerging...more

Massachusetts District Court Finds VoIP Service is Not Cellular Service Per Se Under the TCPA

by Burr & Forman on

In Breda v. Cellco Partnership, No. 16-11512-DJC, 2017 WL 5586661 (D. Ma. Nov. 17, 2017), the plaintiff, Robin Breda (“Plaintiff”) claimed Cellco Partnership (“Cellco”) violated § 227(b)(1) of the Telephone Consumer...more

Ninth Circuit Rejects VPPA Claims of Roku Channel User, Declining to Adopt Broad Definition of PII

In a decision that clarified aspects of the video privacy landscape, the Ninth Circuit affirmed the dismissal of an action alleging a violation of the Video Privacy Protection Act (VPPA) based on an assertion that ESPN’s...more

CFPB Stops Collecting Personal Information in Light of Cybersecurity Concerns

The Consumer Financial Protection Bureau, one of the watchdogs of the financial services industry, has announced through Acting Director Mick Mulvaney, that it will no longer collect personal information of consumers due to...more

Federal Court Denies Class Certification in TCPA Suit Against Auto-Lender Exeter Finance

by Burr & Forman on

In Billy Ginwright v. Exeter Finance Corp., No. 8:16-cv-565-TDC, ECF No. 107, 2017 U.S. Dist. LEXIS 194739, 2017 WL 5716756 (D. Md. Nov. 28, 2017), a federal district court recently denied Plaintiff’s motion to certify a...more

When It Comes to Cybersecurity, Passwords are Passé

by Nexsen Pruet, PLLC on

In the ever-changing landscape of data security, it is increasingly clear that law firms of all sizes, from the one-lawyer shop to the 1,000-lawyer megafirm, are being targeted by hackers. As the methods used to gain access...more

Australia to Join APEC Cross Border Privacy Rules System

by King & Spalding on

Australia has announced that it will be joining the APEC Cross Border Privacy Rules (“CBPR”) system, a voluntary program that seeks to protect the transfer of information between APEC countries. This decision follows a...more

A TCPA Slam Dunk in the Ninth Circuit?

by LeClairRyan on

The fight is not over yet, but the insurance industry just had a significant victory in the United States Court of Appeals for the Ninth Circuit. The scenario is likely familiar to most. You’re invited to send a text and...more

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