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Communications & Media Consumer Protection

Read need-to-know updates, commentary, and analysis on Communications & Media issues written by leading professionals.

FTC Issues Proposed Consent Order to Online Payment Processing Company Over Allegations of Privacy and Security Violations

by Weiner Brodsky Kider PC on

The FTC recently reached a settlement with a worldwide online payment processing company regarding the actions of its subsidiary, a peer-to-peer payment and social networking application and website, over alleged violations...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

WARNING: Proposition 65 Farce About to Repeat Itself for Vulnerable Foods and Flavorings

by Morrison & Foerster LLP on

Plaintiffs have begun serving Proposition 65 notices of violation alleging unwarned exposures to furfuryl alcohol (FFA). Like acrylamide, which has been the subject of significant Proposition 65 litigation already, FFA is...more

FTC Explains Evolution of COPPA in Live Twitter Chat

by Ballard Spahr LLP on

On March 6, 2018, the FTC hosted a live Twitter chat to mark the twentieth anniversary of the Children’s Online Privacy Protection Act (COPPA)....more

Out Of Proportion: Court Denies Discovery Requests In Putative TCPA Class Action Due Burden On Defendant

by Carlton Fields on

This putative Telephone Consumer Protection Act (TCPA) class action arose from alleged marketing calls by Quicken Loans (Quicken) to potential mortgage customers. After the magistrate judge granted the plaintiff’s motion to...more

Why 2nd Time Was Not The Charm For Baby Food Class Cert.

by Morrison & Foerster LLP on

On remand from the Ninth Circuit, Judge Koh last month nixed a plaintiff’s second attempt to certify a nationwide class of Gerber’s baby food purchasers. Her decision is notable for two reasons. First, in denying the...more

No Vicarious Liability Without Ratification, Ninth Circuit Rules

A trio of payday lenders and two marketing companies did not indirectly violate the Telephone Consumer Protection Act (TCPA) by working with a lead generator that used an automated program to send text message ads, the U.S....more

FTC Addresses Possible Mechanisms to Address Erroneously Blocked Robocalls

As anyone familiar with the TCPA well knows, not all “robocalls” are treated equal—some are allowed, some are not, some are restricted to varying degrees and some are stopped before the phone even rings (i.e., they are...more

Too Soon to Dismiss TCPA Action, Court Decides

A Connecticut judge denied a motion to dismiss a putative TCPA class action, ruling that whether the faxes at issue were unsolicited remains in dispute....more

Social Links: Inline link to tweet with photo could constitute copyright infringement; proposed California legislation could...

In a decision that has generated considerable controversy, a federal court in New York has held that the popular practice of embedding tweets into websites and blogs can result in copyright infringement. Plaintiff Justin...more

Second Circuit Takes Sting out of Flu Shot Suit

The U.S. Court of Appeals for the Second Circuit ruled that the Healthcare Exception to the TCPA applied to a case involving a healthcare provider that sent a text message with a flu shot reminder to a patient who provided...more

China Publishes National Standard for Personal Data Protection

by Morgan Lewis on

With increased concerns regarding the safety of individual personal information, the Chinese government has clarified its existing data privacy rules regarding the collection, processing, usage, and more of personal data....more

Can You Hear Me Now? Tenth Circuit Rejects Coverage for Telephone Consumer Protection Act Claims

A recent Tenth Circuit decision undercut policyholder arguments that Telephone Consumer Protection Act (TCPA) claims are insurable under a standard CGL policy. Policyholders should take note of this decision but should not...more

California Court Tosses New York Claims

New York’s consumer protection law does not protect out-of-state consumers, a California judge has ruled when dismissing claims from the Empire State in a multidistrict litigation (MDL) against Lenovo Inc....more

FTC and FCC to hold robocall forum

by Ballard Spahr LLP on

The Federal Trade Commission (“FTC”) and Federal Communications Commission (“FCC”) have announced they will host a joint policy forum (“Forum”) in Washington, D.C. on March 23 titled, “Fighting the Scourge of Illegal...more

Consent Revocation a Factual Inquiry Precluding Summary Judgment

A federal judge in the Middle District of Florida denied cross motions for summary judgment in Patterson v. Ally Financial, Inc., holding that whether the plaintiff effectively revoked consent to receive calls “is a...more

Under the Radar Changes to Proposition 65 – OEHHA Issues New “Guidance” For Web Purchases (Is it an Illegal “Underground...

If your products are sold online or you operate a website with sales to consumers in California, these changes will impact whether you can obtain “safe harbor” protection under Prop 65. Over a year after adopting new...more

Eleventh Circuit’s Decision on Partial Revocation Stands

The Eleventh Circuit declined to reconsider its decision in Schweitzer v. Comenity Bank, denying the defendant’s motion to rehear the case. In August, the federal appellate panel held that consent can be partially revoked...more

Cert Petition Asks How Far Does the Noerr-Pennington Doctrine Extend?

On February 28, 2018, the Puerto Rico Telephone Company, Inc. (PRTC) filed a petition for a writ of certiorari after its antitrust claims against San Juan Cable LLC (OneLink) were dismissed by the First Circuit Court of...more

Five Privacy Practices Every Company Should Address in the Wake of the FTC’s Enforcement Action against PayPal

Privacy is serious business. This was made clear in the Federal Trade Commission’s (FTC) recent announcement that it had settled its complaint against Venmo, PayPal’s peer-to-peer payment service, for misrepresentations to...more

AIG Won’t Have To Defend Carfax In $50 Million Antitrust Suit

by Carlton Fields on

On March 1, a New York appeals court ruled that American International Group, Inc. (AIG) need not defend Carfax, Inc. against a $50 million suit alleging the company monopolized the vehicle history report market. ...more

FTC Releases “Best Practices” to Improve Mobile Device Security

by Ballard Spahr LLP on

On February 28th, the Federal Trade Commission (“FTC”) released a report that offers several recommendations on ways to improve the security of mobile devices. ...more

Second Circuit Remains Firm That Flu Shot Reminders Are Health Care Messages Under the TCPA

Following up on its decision in Latner v. Mount Sinai Health System, Inc., 2018 U.S. App. LEXIS 114 (2nd Cir. Jan. 3, 2018), the Second Circuit has again held that a flu shot reminder was a health care message under the TCPA....more

Ninth Circuit decision reaffirms the FTC's jurisdiction in overseeing broadband markets

by Hogan Lovells on

On 27 February 2018, the U.S. Court of Appeals for the Ninth Circuit ruled unanimously in an en banc decision that the Federal Trade Commission (FTC) may bring enforcement actions against AT&T and other telecommunications...more

California Court Declines to Dismiss Illinois Facial Recognition/Biometric Privacy Suit against Facebook on Standing Grounds

This past week, a California district court again declined Facebook’s motion to dismiss an ongoing litigation involving claims under the Illinois Biometric Information Privacy Act, 740 Ill. Comp Stat. 14/1 (“BIPA”),...more

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