News & Analysis as of

Data Collection Telephone Consumer Protection Act

Klein Moynihan Turco LLP

Do You Need Help With TCR Registration?

If you are the owner of a telemarketing business, there is a good chance that you are familiar with The Campaign Registry (“TCR”). TCR registration is essential for businesses for several reasons. Crucially, it ensures that...more

Husch Blackwell LLP

Mark Your Calendars: 2025 Compliance Dates for Key Consumer and Small Business Financial Services Regulations

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One of the primary challenges with working in the U.S. financial services space is keeping up with the ever-changing federal and state regulatory landscape. Juggling the day-to-day fire drills while staying atop of regulatory...more

Klein Moynihan Turco LLP

Major CIPA Victory!

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Readers of this blog are aware of the never-ending stream of lawsuits alleging that the use of third-party tracking technology to collect consumer data on company websites is tantamount to illegal wiretapping in violation of...more

WilmerHale

Year in Review: 2023 Data Protection Litigation Trends

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2023 was an active year for data protection-related litigation. Plaintiffs continued to advance creative theories of liability against businesses, using both older and more established privacy laws (such as the Telephone...more

DarrowEverett LLP

You Better Watch Out, You Better Not Cry: Big Changes Expected to Hit Lead Generation Industry in 2024

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Whether you have been naughty or nice this year, if you are buying or selling leads or otherwise are a participant in the lead generation industry, you may be getting a lump of coal in your stocking. Don’t get upset just yet...more

Lerman Senter PLLC

FCC Proposes Changes and Clarifications for Robocall/Robotext Rules

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The FCC is asking for comments on proposed changes and clarifications to its robocall and robotext requirements for grant and revocation of consumer consents. Revocation of Consent. The FCC wants its current opt-out and...more

Sheppard Mullin Richter & Hampton LLP

[Webinar] Data Beware! Defending Class Actions in the Privacy and Data-Sharing Space - June 13th, 10:00 am - 10:30 am PT

This presentation will discuss the recent surge in class actions challenging companies’ practices for collecting, sharing, and storing consumer data, including claims arising under the Illinois Biometric Information Privacy...more

Lathrop GPM

2022 Legal Guide to Privacy and Data Security

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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

Morrison & Foerster LLP

Financial Services Report - Winter 2021

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Welcome to the Financial Services Report, holiday style! Banks and non-banks alike started early this year with additions and changes to their regulator stockings. The Senate confirmed Rohit Chopra as the new CFPB Director....more

Fox Rothschild LLP

Top 3 Compliance Issues to Consider When Implementing Cannabis Loyalty Programs

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In the age of information, data is king. Keeping that point in mind, cannabis companies are flocking to build defensible market positions through cannabis loyalty programs. Cannabis loyalty programs are becoming more popular...more

Pillsbury - Policyholder Pulse blog

The Duty to Defend a Privacy Claim Arises from Even Limited Publication of Biometric Identifiers

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

Amundsen Davis LLC

Data Collection Class Actions On The Rise: Consider Your Privacy Compliance

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Technology is moving at the speed of light while we all continue to live in a largely virtual world where we interface with each other, online, everyday. Sprinkled in are continued concerns about how companies, large and...more

Payne & Fears

Supreme Court Makes More Robocalls Illegal and Will Determine What Is a Robocall Soon

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Since 1991 the Telephone Consumer Protection Act, or TCPA, has regulated robocalls, which are loosely defined as calls or texts using automatic telephone dialing systems (a/k/a an “autodialer”). In 2015, Congress excluded...more

Hinshaw & Culbertson - Consumer Crossroads

SCOTUS Decides Federal Debt is not Exempted from TCPA, While FCC Autodialer Declaration Further Alters TCPA Landscape

With a major U.S. Supreme Court decision leading the way, recent developments continue to reshape the landscape of the Telephone Consumer Protection Act (TCPA)....more

BCLP

Can a company market to individuals whose information was collected as part of a sweepstakes?

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Federal law sometimes requires that companies obtain consent prior to sending marketing communications. Whether a company needs consent to send a marketing communication to an individual that provided her information as part...more

Kilpatrick

Retail and Consumer Goods Team Alert: 2020 VISION

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With the turn of the calendar, the beginning of the new year, and the collective making of resolutions, it is also a good idea to understand the biggest legal risks that companies may confront in the near- and long-term....more

Womble Bond Dickinson

Court Provides Guidance on What Constitutes “Telemarketing” to Residential Phone Numbers

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In previous blog posts, we have emphasized how subtle the difference can be in defining what constitutes “telemarketing” under the TCPA. This is especially the case where the messages at issue are part of a residential number...more

Shook, Hardy & Bacon L.L.P.

Privacy and Data Security Alert | September 2019

California Adds Biometric Restrictions to Data-Breach Law, Potentially Creating a De Facto Biometric Privacy Law Subject to the governor’s signature, California’s breach-notification law will gain additional requirements...more

BCLP

The Ninth Circuit Addresses Article III Standing And The Illinois Biometric Information Privacy Act

BCLP on

On August 8, 2019, the United States Court of Appeals for the Ninth Circuit again weighed in on Article III standing.  Unlike its previous ventures into standing, however, it did so this time in the context of the Illinois...more

Holland & Knight LLP

BIPA Update: Class Actions on the Rise in Illinois Courts

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• Cases brought under the Illinois Biometric Information Privacy Act (BIPA) continue to multiply. • Although BIPA was enacted in 2008, a decision by the Illinois Supreme Court in January 2019 held that an individual does...more

Womble Bond Dickinson

CCPA Creates Possible Dilemmas for Companies Sending Text Messages. Is Your Business Ready?

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Don’t wait to implement your California Consumer Privacy Act (CCPA) compliance as it could require changes to your operations. CCPA can apply to businesses even if they do not have offices or employees in California. It can...more

Hogan Lovells

Commerce Secretary Ross to FCC: Overbroad TCPA Rules Could Have a “Devastating” Impact on Federal Agencies and the 2020 Census

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As we head towards 2020, it’s time once again for the decennial U.S. national Census – one of the broadest data collections that the United States federal government undertakes to learn more about its citizens, recalibrate...more

Jones Day

Jones Day Global Privacy & Data Security Update | Vol. 19

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On the heels of the European Union's General Data Protection law, which went into effect in May 2018, California has enacted the California Consumer Privacy Act ("CCPA")—the result of an 11th-hour compromise between...more

BakerHostetler

AD-ttorneys@law

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In This Issue: - CARU Corrects Kudos’ COPPA Consent Crack-up - Tech Specs Released for Transparency and Consent Framework - FTC Mutes Alleged Deceptive Amplifier Claims - Business Groups Demand Clarity on Autodialers -...more

Robinson+Cole Data Privacy + Security Insider

Federal government and their contractors immune from TCPA restrictions

Last week, on July 5, the Federal Communications Commission (FCC) released an opinion stating that robocalls made by the federal government (or its contractors) are exempt from the Telephone Consumer Protection Act (TCPA)....more

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