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Data-Sharing Third-Party Service Provider

BakerHostetler

DSIR Deeper Dive: A Big Year for VPPA Developments

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The past year has brought a number of federal appellate rulings under the Video Privacy Protection Act (VPPA), 18 U.S.C. § 2710, one of the statutes under which plaintiffs have been filing numerous claims in recent years...more

BakerHostetler

DOJ and FTC Withdraw Antitrust Competitor Collaboration Guidelines

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The US Department of Justice (“DOJ”) and the Federal Trade Commission (“FTC”) announced on Wednesday the withdrawal of the Antitrust Guidelines for Collaborations Among Competitors originally issued in 2000....more

Eversheds Sutherland (US) LLP

CFPB previews consumer data portability rule meant to accelerate US open banking adoption

On October 19, 2023, the Consumer Financial Protection Bureau (CFPB) issued an advance notice of proposed rulemaking (ANPR) with respect to a new consumer financial data portability rule mandated by Section 1033 of the...more

Nutter McClennen & Fish LLP

BJ’s Wholesale Club Loses Bid to Dismiss Complaint Alleging Massachusetts State Law Claims for Wiretap Violations and Invasion of...

Joe Alves filed a class-action complaint against BJ’s Wholesale Club, alleging that BJ’s uses computer code, called Session Replay Code (SRC), to secretly record consumer activity on BJ’s website. Alves claims that BJ’s...more

BCLP

VPPA Trends: Considerations for Limiting Exposure

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In recent months, organizations have been dealing with an emerging wave of lawsuits from an unexpected source: the VPPA. The Video Privacy Protection Act (“VPPA”), originally intended to prevent “wrongful disclosures” of...more

Benesch

Privacy Points 2023: Contractual Provisions Required as New State Laws Regulate the Sharing and Processing of Personal Information...

Benesch on

The ability to verify compliance with applicable law, notice and opt-out requirements for subcontractors, and flowing through data minimization principles are key requirements under new US state data protection laws. As...more

Venable LLP

Evaluating the Cybersecurity Risk of Your Mailing and Publishing Partners

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Cybersecurity is a growing concern for all nonprofit organizations, especially those that store, process, and transmit sensitive data. While it is common to think of the cyber issue as relevant to digital communications and...more

Womble Bond Dickinson

Recreational DNA Industry May Take Liberties With Consumer Data

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Companies collecting consumer DNA for non-medical purposes seem to be playing fast and loose with their customers’ data, according to a well-regarded consumer watchdog. This category of private money makers, which could...more

Holland & Knight LLP

Update on Hunstein Decision: Eleventh Circuit Vacates Original Panel Decision

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The U.S. Court of Appeals for the Eleventh Circuit issued its initial opinion on Hunstein v. Preferred Collection and Management Services, Inc., No. 8:19-cv-00983-TPB-TGW on April 21, 2021. As previously discussed in a...more

Burr & Forman

Eleventh Circuit Keeps Troublesome FDCPA Ruling Despite Rehearing, Dissent

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The Eleventh Circuit Court of Appeals has issued its ruling on the motion for rehearing in Hunstein v. Preferred Collection and Management Services, Inc., Case No. 19-14434 but most of the troublesome aspects of the Court’s...more

Burr & Forman

Rehearing Sought in Federal Appeals Court Ruling on Use of Mailing Vendors by Debt Collectors

Burr & Forman on

The ruling by the Eleventh Circuit Court of Appeals in Richard Hunstein v. Preferred Collection and Management Services, Inc. raises significant concerns for debt collectors who use vendors for mailing and other types of...more

Alston & Bird

Eleventh Circuit Allows Article III Standing for Disclosure of Sensitive Information Relating to Debt

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The FDCPA isn’t always as simple as ABC. Our Litigation Group examines the Eleventh Circuit’s recent ruling relating to when disclosure of sensitive information can create standing even when it doesn’t create tangible harm or...more

Bressler, Amery & Ross, P.C.

Debt Collectors Must Be Mindful of Communications with Third Parties Regarding Consumers in Alabama, Florida, and Georgia

Noting it was a matter of first impression, on April 21, 2021, the Eleventh Circuit held consumers may assert a claim under Section 1692c(b) of the Fair Debt Collection Practices Act (the “FDCPA”) for a debt collector’s...more

Miles & Stockbridge P.C.

Why an Opinion from the Eleventh Circuit is Keeping Creditors Up at Night

A recent federal appeals decision is sending shockwaves throughout the financial services sector. In Hunstein v. Preferred Collection & Mgmt. Services, Inc., the Court of Appeals for the Eleventh Circuit held that, under the...more

BCLP

Is information shared with map services considered a “sale” under the CCPA?

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Maybe. Many online businesses utilize map services to provide location, distance, and direction information to consumers. The provision of map services inherently requires the business to share consumers’ personal...more

BCLP

Is information shared with “bot” detection services considered a “sale” under the CCPA?

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Maybe. Many online businesses utilize “bot” detection services to determine whether actions taken on a website or application have been made by a human or by an automated program (i.e., a “bot”). The provision of bot...more

BCLP

Is information disclosed by a business to a third party that provides services considered a “sale” under the CCPA?

BCLP on

The CCPA broadly defines the term “sale” as including the act of “disclosing” or “making available” personal information “for monetary or other valuable consideration” from one business to another. This arguably could include...more

Latham & Watkins LLP

Open Finance: The Next Frontier in Fintech?

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Call for input: Industry needs to engage as the FCA moves forward on its transformative vision for open finance. Imagine a world in which you could access your bank accounts, credit cards, mortgage, pensions, savings...more

BCLP

Is the disclosure of personal information for purposes of creating a look-alike audience a “sale” under the CCPA?

BCLP on

Sometimes. Many companies today use “look-alike audiences” (a.k.a “mirror audiences” or “similar audiences”) to reach potential consumers through online advertising. A look-alike audience is created when a business sends...more

A&O Shearman

Basel Committee Publishes Report on Open Banking and Application Programming Interfaces

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The Basel Committee on Banking Supervision has published a report on “open banking” and the use of application programming interfaces. The term “open banking” refers to the sharing and leveraging of customer-permissioned data...more

BCLP

Privacy FAQs: Can a service provider use and transfer personal information if they anonymize or aggregate it?

BCLP on

The California Consumer Privacy Act ("CCPA") was enacted in early 2018 as a political compromise to stave off a poorly drafted, and plaintiff’s friendly ballot initiative. Although the CCPA is scheduled to go into force in...more

Carlton Fields

Question Of Consent Turns Putative TCPA Fax Class Action Into Junk

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A recent decision by a Connecticut district court reiterates that the issue of consent may foreclose class certification in Telephone Consumer Protection Act (TCPA) junk fax cases....more

Proskauer - New Media & Technology

Locational Tracking on iOS and Android Devices: Check the Platform’s Rules!

This post discusses some of the contractual requirements imposed by Apple and Google regarding the collection and sharing of locational information. What consents, if any, do Apple and Google require that app publishers...more

Fenwick & West LLP

California’s New Landmark Data Privacy Regulation and What Companies Need to Do to Comply

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What You Need to Know Now - • The new law takes effect January 1, 2020, but there’s a lot to do so you need to start work now. • The new law expands the definition of personal information and gives California consumers...more

Bass, Berry & Sims PLC

Privacy Perils: Weather Apps Tracking more than Weather Patterns

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If you're like millions of Americans, you use the AccuWeather app for iOS to keep up to date about whether the weekend's forecast means fun in the sun or hiding out from the rain. It turns out that AccuWeather may have been...more

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