On March 28, the Federal Trade Commission (FTC) released a Privacy and Data Security Update, highlighting the FTC’s activities in recent years through December 2023. The FTC underscored its work on issues related to...more
As part of Manatt’s continuing monthly coverage of the aftermath of Facebook v. Duguid and how district courts are applying it to determine whether a calling system meets the Supreme Court’s newly clarified definition of an...more
Welcome to Wiley’s update on recent developments and what’s next in consumer protection at the Consumer Financial Protection Bureau (CFPB) and Federal Trade Commission (FTC). In this newsletter, we analyze recent regulatory...more
Key Wireless Deadlines- FCC Requests Comment on Implementation of PSAP Do-Not-Call Registry: The Federal Communications Commission (FCC or Commission) seeks comment on a Further Notice of Proposed Rulemaking (FNPRM) intended...more
In an interesting decision from the District Court of Oregon, United States Magistrate Judge Youlee Yim You recommended granting a motion to deny class certification where uncertainty about the appropriate classification of a...more
On February 25th, the Federal Trade Commission (FTC) released its annual Privacy and Data Security Update, which highlights the FTC’s activities during the past year....more
On December 16, 2019, the Supreme Court denied DISH Network’s petition for certiorari seeking to overturn a $61 million judgment for Telephone Consumer Protection Act (“TCPA”) violations based on telemarking calls made to...more
Under the TCPA, the difference between “informational” messages and “advertisements,” or “solicitations,” can be a subtle one, and, on many occasions, a business’s TCPA liability – and quite possibly its financial stability –...more
The Federal Trade Commission (FTC) publishes a comprehensive annual update detailing the significant actions it has taken to protect American consumers’ privacy and data security....more
It has been reported that a hacker was able to break into the servers of TheTruthSpy, a company that is described as “one of the most notorious stalkerware companies out there” (Motherboard, August 2018) and was able to steal...more
The days of lamenting the dinnertime telemarketing call seem to have faded, but as communication technology ? particularly cell phone and smartphone usage ? has become ubiquitous, advertisers have found new avenues to...more
An Illinois federal judge ordered Dish Network to pay the federal government $168 million for violating the FTC’s Telephone Sales Rule (“TSR”). The judgment is the largest civil penalty ever obtained for a violation of the...more
A Utah federal court jury decided last week that the Federal Trade Commission’s (FTC) claims against Forrest S. Baker, and his film firms, Feature Films for Families, Inc., Corporations for Character, L.C., and Family Firms...more
For brick-and-mortar retailers, smart phones have taken on an entirely new role in customers’ shopping experiences. A technology known as "mobile location analytics" ("MLA") or sometimes, "indoor analytics," gives brick and...more
The Federal Communications Commission (FCC) has recently taken two significant actions addressing robocalls under the Telephone Consumer Protection Act (TCPA)—the imposition of a $2.96 million fine and the adoption of new...more
Phone calls made to promote a movie constituted “telemarketing” under the Telephone Consumer Protection Act (TCPA) even though the two prerecorded messages left on the plaintiffs’ home phone line made no reference to the...more
The FCC is ready to rule on long-standing petitions seeking clarifications of the Telephone Consumer Protection Act and related FCC regulations. On May 27, 2015, FCC Chairman Tom Wheeler circulated a proposed regulatory...more