On February 28, 2024, Motive Technologies Inc., formerly known as Keep Truckin (“Defendant”), was sued in the United States District Court for the Northern District of California for allegedly delivering prerecorded...more
As federal and state regulators continue to crack down on telemarketing and text message marketing, businesses are now transitioning back to email marketing to reduce Telephone Consumer Protection Act (“TCPA”) regulatory...more
In the evolving world of lead generation and performance-based customer acquisition, the quest for profits can lead to big legal risks, some of them too large for advertisers that buy leads through third parties. Advertisers...more
Notwithstanding the deluge of data breach and internet eavesdropping privacy cases, companies also continue to face an onslaught of biometric privacy actions under statutes like the Illinois Biometric Information Privacy Act...more
Why is protecting biometric information so important? Biometrics rely on our physical features to securely gain access to sensitive data—think facial and iris/retina recognition, or fingerprint and even voice scanning. The...more
The FCC proposes requiring mobile wireless providers to block text messages that appear to come from invalid, unallocated or unused numbers, and numbers on a “Do-Not-Originate” list. It also seeks comment on Over the Top...more
Facial recognition technology, drones the size of a butterfly, secure microchips replacing magnetic stripes on credit cards, sensors the size of a grain of sand swallowed by patients that transmit data directly to the...more
Just as we thought 2022 was going to be significantly different than 2021, December 2021 and January 2022 events have thrown us for another (pandemic) loop. We anticipate that some of the privacy and cybersecurity...more
Insurance coverage litigation often centers on the interpretation of specific terms and phrases in an insurance policy. In our June Insurance Update: The Illinois Supreme Court decides whether disclosure of biometric...more
The deluge of lawsuits brought under the Illinois Biometric Information Privacy Act (BIPA), 740 ILCS 14 et seq. over the past several years has presented a challenge to companies operating in Illinois. Not surprisingly,...more
Do general liability policies provide coverage for limited disclosures of biometric data, such as fingerprints? The Illinois Supreme Court has concluded that they do. In a unanimous decision, the Illinois Supreme Court...more
Providing business teams with advice for sending text messages can be nothing short of frustrating. For businesses used to sending email marketing, the laws for texting are unexpected. Unlike the CAN-SPAM Act, TCPA requires...more
As anyone who has been through a corporate sale process can tell you, there is no such thing as a “standard” M&A transaction. Every deal is different and presents a unique set of challenges. This is especially true of...more
Throughout 2020 we saw many enforcement actions brought by EU and U.S. regulators. Whether for allegations of deception (misleading privacy representations) or unfairness (failure to protect information), COVID did not appear...more
Social media and influencers. Online feedback and electronic oversight. Data protection and privacy. Managing the legal issues surrounding doing business online is a significant concern for many in-house counsel. Join us for...more
California Consumer Privacy Act Updates - On Wednesday, Feb. 20, the California Assembly Committee on Privacy and Consumer Protection held a hearing on the California Consumer Privacy Act (CCPA)....more
Let's say that your marketing department plans to launch a product promotion through dedicated software applications (apps), the Internet, and/or social media, primarily accessed by the target audience on hand-held mobile...more
Dangerous Regulatory Landscape - ..Federal Law .TCPA .CAN-SPAM .FTC Regulations .FCC Regulations ..State Laws .Consumer Protection Statutes .Commercial Electronic Mail Acts .Privacy Torts... ...more
The Sedona Conference has just published the public comment version of its Data Privact Primer, a publication of its very active Working Group on Data Security and Privacy Libaility. The primer is excellent. ...more
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
On July 10, 2015, the Federal Communications Commission (“FCC”) issued a Declaratory Ruling and Order (“Declaratory Ruling”) in response to 21 separate requests seeking clarification or other action on the Telephone Consumer...more
On July 10, 2015, the Federal Communications Commission released the Omnibus Declaratory Ruling and Order (the Order) it adopted on June 18. The Order addresses requests for clarification regarding requirements under the...more