News & Analysis as of

Disclosure Requirements Prior Express Consent

Davis Wright Tremaine LLP

FCC Declares AI Robocalls Subject to Federal Telemarketing Regulation

Only a week after issuing a statement calling for the regulation of robocalls featuring voices generated by artificial intelligence, the Federal Communications Commission (FCC) adopted a Declaratory Ruling confirming that...more

Venable LLP

Ninth Circuit Upholds Dismissal of Autorenewal Lawsuit, Finds Disclosure, Consent, and Acknowledgment Sufficient

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In January, the Ninth Circuit agreed with a California district court's finding that a software company's autorenewal practices did not violate California's autorenewal law. The decision reflects a win for companies offering...more

Holland & Knight LLP

New Rules of the Road: FTC's Proposed Changes to Car, Boat, Motorcycle and RV Sales Practices

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The Federal Trade Commission (FTC) has issued a new proposed rule that aims to make the "motor vehicle"-buying process more clear and competitive, and also allow the FTC to recover money when consumers are misled or charged...more

Venable LLP

Compliance Deadline Approaching: Amendments to California's Autorenewal Law Take Effect in July

Venable LLP on

On July 1, new requirements under California's automatic renewal will take effect. As we previously blogged, the amendments will require businesses to make it even easier for consumers to cancel and impose new requirements on...more

Farella Braun + Martel LLP

Federal “COVID-19 Consumer Data Protection Act” Proposed

A group of Republican senators has proposed a new privacy law to govern the collection and use of certain personal information thought to be both important and at risk during the current coronavirus crisis....more

Orrick, Herrington & Sutcliffe LLP

Google To Pay $57 Million For GDPR Violations

On January 21, 2019, the French data protection supervisory authority (“CNIL”) fined Google €50 million (approximately $57 million) for violating the European General Data Protection Regulation (“GDPR”). ...more

Seyfarth Shaw LLP

Subscription Services, Beware

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2018 Amendment to California’s Auto-Renewal Law Adds New Requirements For Promotional Offers and Cancellation Mechanisms....more

Verrill

Things That Make You Go Hmmmm - Commercial Co-Ventures and Sweepstakes Promotions

Verrill on

Remember that song in the ‘90s from the C+C Music Factory called “Things That Make You Go Hmmm….” I guess I did when I came across some recent promotions. Perhaps these practice tips will stay with you longer than C+C’s 15...more

White and Williams LLP

Coalition of State Attorneys General Send Letter Demanding Answers from Facebook

On March 26, 2018, a bipartisan coalition of 37 state Attorneys General sent a letter to Facebook CEO Mark Zuckerberg demanding answers about the company’s business practices and privacy protections. Led by Pennsylvania...more

Dorsey & Whitney LLP

Browsewrap Disclosure Held Insufficient to Constitute “Prior Express Written Consent” Even for a Healthcare-Related Call

Dorsey & Whitney LLP on

Folks involved with selling health insurance, or anything else for that matter, and who rely upon browsewrap website terms might want to give Sullivan v. All Web Leads, Inc., No. 17-cv-1307, 2017 U.S. Dist. LEXIS 84232 (N.D....more

Manatt, Phelps & Phillips, LLP

Advertising Law - February 2017 #4

Not-So-Smart TV: Vizio Settles Over Data Collection - For installing software on smart TVs and collecting viewing data on 11 million consumers without their knowledge or consent, Vizio, Inc. will pay the Federal Trade...more

King & Spalding

Vizio Pays $2.2 Million To Settle With The FTC Over Its Data Collection And Sharing Practices

King & Spalding on

On February 6, 2017, Vizio Inc., a manufacturer and seller of internet-connected “smart” televisions, agreed to pay $2.2 million to settle allegations by the Federal Trade Commission (“FTC”) and the Office of the New Jersey...more

Mintz - Privacy & Cybersecurity Viewpoints

Who is Watching you Watch TV? If You Have VIZIO … Your TV Might Be Watching You

What does your TV-watching history say about you? According to a recent lawsuit against VIZIO, Inc., it might be more than you think! One of the world’s largest sellers of “smart” televisions has recently paid a $2.2 million...more

Lowndes

Big Brother and your TV – Vizio settles lawsuit with FTC and NJ Attorney General

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Vizio sold more than 11 million smart televisions since 2010. These televisions contained tracking devices which captured consumers’ IP addresses and television watching practices without alerting consumers or getting their...more

Ballard Spahr LLP

EU e-Privacy Regulation Raises Stakes for Compliance

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The European Commission's proposed e-privacy regulation sets forth obligations on handling electronic communications and clarifies obligations for seeking consent for the use of cookies. Meant to bring the e-privacy directive...more

Latham & Watkins LLP

FCC Issues New Privacy Regulations for Broadband Providers

Latham & Watkins LLP on

Today, the US Federal Communications Commission (FCC) approved far-reaching new information privacy rules that will govern how providers of broadband Internet access service collect, use, protect, and share data from their...more

Manatt, Phelps & Phillips, LLP

TCPA Connect - October 2015

After FCC Citation for TCPA Violations, Lyft Changes Terms of Service - Less than a week after the Federal Communications Commission cited Lyft for violating the Telephone Consumer Protection Act by requiring customers...more

Ballard Spahr LLP

FCC Issues Citations for Violations of TCPA Consent Requirement for Autodialed or Prerecorded Telemarketing Calls

Ballard Spahr LLP on

The Federal Communications Commission (FCC) recently issued citations to two companies charged with violating the Telephone Consumer Protection Act (TCPA) consent requirements for autodialed or prerecorded calls to wireless...more

Carlton Fields

The TCPA: Deep Dive: Details, Class Actions, Regulations, and Defense Strategies

Carlton Fields on

In Part One of our complimentary, two-part webinar on the TCPA, we covered the basics. Join us for the second hour-long segment, as we get into the weeds of the TCPA. Part Two will cover: Exemptions/Details · What is an...more

Ballard Spahr LLP

New York Issues Far-Reaching Debt Collection Regulations

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The New York Department of Financial Services (DFS) published its final debt collection regulations on December 3, 2014, following an extensive rulemaking period. The regulations impose requirements on third-party debt...more

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