News & Analysis as of

Data-Sharing Third-Party Service Provider Personal Information

BakerHostetler

DSIR Deeper Dive: A Big Year for VPPA Developments

BakerHostetler on

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

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

Burr & Forman

Eleventh Circuit Keeps Troublesome FDCPA Ruling Despite Rehearing, Dissent

Burr & Forman on

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

Alston & Bird on

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?

BCLP on

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?

BCLP on

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

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

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