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Privacy Consumer Protection

Read Privacy Law updates, news, and legal commentary from leading lawyers and law firms:

Artificial Intelligence: Expectations of the IT Department

by Morgan Lewis on

Artificial intelligence (AI) is the hot topic on everyone’s mind. Technology providers are researching and developing how they can exploit AI, companies in a wide range of industries are seeking to understand how AI will...more

Structured Thoughts: News for the financial services community, Volume 8, Issue 8

Sales of VIX-Linked ETPs – Back to Basics for FINRA - FINRA used a misselling case to remind member firms of certain fundamentals, including the importance of implementing a new product approval process, reasonable...more

Ad Groups Ask FTC To Focus On Concrete Injuries, Not Subjective Emotional Distress

by King & Spalding on

Several advertising groups recently filed comments with the Federal Trade Commission (“FTC”) urging the organization to pursue enforcement actions only against security and privacy practices that cause “concrete injuries” to...more

FTC’s New COPPA Guidance on Recording Children’s Voices: Five Tips for App Developers and Toymakers to Comply

by Fenwick & West LLP on

The Federal Trade Commission on October 23, 2017, provided guidance on how it will enforce the Children’s Online Privacy Protection Act (COPPA) with respect to audio recordings of children. This comes as part of a wave of...more

In Wake of Equifax Breach, Squatters Appear and Are Vanquished

On September 7, Equifax Inc. announced the cyber security breach that could potentially impact 100 million U.S. consumers. In addition to Equifax’s main website, Equifax.com, the company set up a dedicated website —...more

House Lawmakers Retreat From NIST Cyber Auditing Role In Proposed Bill

by King & Spalding on

Members of the House of Representatives Science Committee modified a bill that would have made the National Institute of Standards and Technology (“NIST”) responsible for auditing federal agencies’ cybersecurity protections....more

FTC Seeks Public Comment on Sears’ Petition to Modify Order Regarding Software Tracking Application

by Balch & Bingham LLP on

The FTC is seeking public comment on a petition by Sear’s to reopen and modify its 2009 consent order to restrict the broad definition of “tracking application”. In 2009, the FTC issued an order settling charges that Sears...more

Voice-Activated Devices May Collect Audio from Children

by Morgan Lewis on

A new FTC policy eliminates the requirement to obtain parental consent to collect a recording of a child’s voice in certain circumstances....more

FTC Speaks Out on Children’s Voice Recordings

In a new Enforcement Policy Statement, the Federal Trade Commission (FTC) decreased the burden for operators with regard to the collection of certain audio voice recordings of children under the age of 13....more

Federal Government To Revamp The Continuous Diagnostics And Mitigation Program

by King & Spalding on

The Federal Government is reportedly upgrading its Continuous Diagnostics and Mitigation (“CDM”) program, administered by the Department of Homeland Security (“DHS”) and the General Services Administration. The redesigned...more

Proposed Ohio Law May Encourage Businesses to Adopt Cyber Standards

Recently proposed legislation in Ohio could provide businesses with special protection from lawsuits in the event of a hack under certain circumstances. Senate Bill 220 would shelter businesses that have been proactive in...more

FCC Closes Loopholes and Expands Telephone Consumer Protection Act “TCPA” Consumer Protections in Declaratory Ruling and Order

by Womble Bond Dickinson on

On July 10, 2015, the Federal Communications Commission (“FCC” or “Commission”) released a Telephone Consumer Protection Act (“TCPA”) Declaratory Ruling and Order (“TCPA Declaratory Ruling and Order” or “Order”) offering...more

Department Of Homeland Security Often Slow To Disseminate Cyber Threat Warnings, According To Government Accountability Office...

by King & Spalding on

On October 30, 2017, the United States Government Accountability Office (“GAO”) issued a report on the Department of Homeland Security’s (“DHS”) risk assessment practices for critical infrastructure. GAO reviewed DHS’s...more

Cybersecurity 2018 – The Year in Preview: Emerging Security Threats

Editors’ Note:  This is the second of a multi-part end-of-year series examining important trends in data privacy and cybersecurity during the coming year. Click here for our previous entry on HIPAA Compliance.  Up next: ...more

CFPB Releases Principles for Financial Services Industry for Sharing Data

The Consumer Financial Protection Bureau(CFPB) recently issued principles for the access and disclosure of sensitive date in the financial services industry. The CFPB referred to the guidelines as principles instead of...more

NERC Proposes to Reduce Cybersecurity Risks in CIP Supply Chains - Update

by Morgan Lewis on

The North American Electric Reliability Corporation (NERC) recently petitioned the Federal Energy Regulatory Commission (FERC) to approve its proposed “Reliability Standards” addressing cybersecurity risks in critical...more

Ninth Circuit Confirms Privacy Exclusion Bars TCPA Claims

by Carlton Fields on

Claims under the Telephone Consumer Protection Act (TCPA) present numerous issues for insurance companies and policyholders. Because TCPA claims lend themselves to class action suits, the potential exposure can be...more

To Scan or Not to Scan: Surge in Lawsuits under Illinois Biometrics Law

by McDermott Will & Emery on

The Illinois Biometric Information Privacy Act is having its moment. At least 32 class action lawsuits have been filed by Illinois residents in state court in the past two months challenging the collection, use and storage of...more

Buccaneers Could Lose On and Off the Field: Attempt to Reverse Auction TCPA Class Settlement Batted Down by Eleventh Circuit

by Hinshaw & Culbertson LLP on

A leading Plaintiff's TCPA firm filed a class action against the Buccaneers in 2013, arguing certain company faxes violated the TCPA. The faxes in question contained advertisements promoting football ticket sales, and were...more

Employment Law Commentary, October 2017, Volume 29, Issue 10

by Morrison & Foerster LLP on

HOT TOPICS FOR MULTINATIONAL EMPLOYERS: PRIVACY IN THE WORKPLACE, THE EU GENERAL DATA PROTECTION REGULATION, AND BREXIT - Increasing digitalisation of the workplace means that many routine activities nowadays entail the...more

Monthly TCPA Digest - November 2017

by Mintz Levin on

We are pleased to present the latest edition of our Monthly TCPA Digest, providing insights and news related to the Telephone Consumer Protection Act (TCPA). This month’s issue examines a ruling from the US Court of Appeals...more

Retail and Consumer Products Law Roundup - November 2017

Social Media, Behavior Policies Tossed by NLRB ALJ - Why it matters - Prohibiting social media activity by employees that “reflect[s] poorly” on the employer violates the National Labor Relations Act (NLRA), an...more

FTC: Stay Stuck on Security

The Federal Trade Commission recently wrapped up its Stick with Security blog series, which dove deeply into data security lessons based on agency cases, closed investigations, and questions and comments from businesses....more

Toy Website Can’t Play Around With COPPA

In considering a toy website’s online promotion, the Children’s Advertising Review Unit recommended that the company improve its privacy practices in order to comply with the Children’s Online Privacy Protection Act (COPPA)...more

Privacy Shield Gets Passing Grade

In reviewing the first year of implementation of the European Union-United States Privacy Shield, the Commission to the European Parliament and the Council declared it “adequate.”...more

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