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Privacy Concerns Prior Express Consent

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

Littler

Ninth Circuit Holds TCPA Prohibits Pre-Recorded Recruiting Calls to Cell Phones Without Prior Express Consent

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Staffing companies and employers using all tools at their disposal to recruit workers may face increased risk following the Ninth Circuit’s recent opinion in Loyhayem v. Fraser Financial.  In Loyhayem, the court found that...more

Holland & Knight LLP

Financial Services Industry Braces for Impact of Eleventh Circuit's Hunstein Decision

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In a first-of-its-kind ruling, the U.S. Court of Appeals for the Eleventh Circuit may have upended the long-standing and rather routine business practice of financial services companies using third-party vendors to manage,...more

Seyfarth Shaw LLP

California Supreme Courts Holds That Recording Cell Phone Calls Without Consent Is Unlawful and Subjects Recorders to Class Action...

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Introduction - The Supreme Court of California, interpreting California Penal Code section 632.7, recently held in Smith v. LoanMe, Inc. that cellular or cordless phone conversations cannot be recorded by nonparties or...more

Akin Gump Strauss Hauer & Feld LLP

Defense Options After Calif. High Court Call-Recording Ruling

On April 1, the California Supreme Court ruled in Smith v. LoanMe Inc. that California Penal Code Section 632.7 prohibits both parties to a communication and nonparties, such as an individual who covertly intercepts and...more

Akin Gump Strauss Hauer & Feld LLP

California Supreme Court Increases Privacy Protections for Covered Cellular Communications

The California Supreme Court overturned the California Court of Appeals to hold that a party to a phone call can violate California Penal Code section 632.7 by recording the conversation without the consent of the other...more

Carlton Fields

Genetic and COVID-19 Testing Companies Set To Be Regulated in California

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In the last days of the most recent legislative session, the California State Legislature was busy passing several privacy bills set to impact businesses. The most recent, the Genetic Information Privacy Act, would require...more

Proskauer - New Media & Technology

Personal Email Management Service Settles FTC Charges over Allegedly Deceptive Statements to Consumers over Its Access and Use of...

This week, the FTC entered into a proposed settlement with Unrollme Inc. (“Unrollme”), a free personal email management service that offers to assist consumers in managing the flood of subscription emails in their inboxes....more

BCLP

Facial Recognition Technology

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Facial recognition technology uses algorithms that map facial features – such as the distance between a person’s eyes, or the width of a person’s nose – and compares those features to a database of the algorithmic output of...more

Esquire Deposition Solutions, LLC

I won the lottery. Does anyone have to know?

Three intriguing new cases related to privacy, legal and personal, just cropped up: Lottery winner won’t identify herself Can you blame the lottery winner? She held the winning ticket for a $560 million jackpot, signed her...more

Womble Bond Dickinson

The FCC is Set to Consider the Definition of “Called Party” and the Fate of the TCPA Hangs in the Balance

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As we reported here last week, the FCC is seeking comment on a number of key issues that were addressed in ACA Int’l. One of these key issues is the definition of the term “called party,” which has the potential to completely...more

Bass, Berry & Sims PLC

Privacy Perils: How Much "I" is TMI?

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In a Privacy Peril last month we noted steps you can take to lockdown your Facebook account so you are not inadvertently sharing data with unintended third parties. While recent revelations have disclosed how extensively...more

White and Williams LLP

CEO Zuckerberg: Facebook User Settings Protect Individual Data – Congress Is Not So Sure

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After ten hours of Congressional testimony, one thing is clear – there is growing bipartisan concern over data privacy and data protection in the US. In the wake of so many recent data breaches, and now the data harvesting...more

Proskauer - New Media & Technology

A Host of Biometric Privacy/Facial Recognition Bills Currently Circulating in State Legislatures

We’ve written extensively about the numerous lawsuits, dismissals and settlements surrounding the Illinois Biometric Information Privacy Act (BIPA). The statute, generally speaking, prohibits an entity from collecting,...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

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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

Proskauer on Privacy

Qatar’s New Personal Data Privacy Law

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At the end of last year, Qatar became the first Gulf state to enact a comprehensive privacy law. Until now, the many companies that market to consumers or have employees based in Gulf Cooperation Council (GCC) countries have...more

FordHarrison

Data privacy in the Americas - At a glance

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As multinational employers are aware, data privacy laws can vary greatly from jurisdiction to jurisdiction. Ensuring compliance with the different requirements can be challenging, and the penalties for noncompliance can be...more

Robinson+Cole Data Privacy + Security Insider

Smart-TV now regulated under new California law

Californians are now protected from smart-TV eavesdropping under new law, Assembly Bill 1116, which requires that smart-TV manufacturers ensure that voice-recognition features will not be enabled without consumer consent, and...more

Franczek P.C.

School Leaders: Are Your Automatic Phone Messages and Texts Breaking The Law?

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In the past few months, we’ve had a flurry of requests from schools about the legality of automated calls and text messages they are making to cell phones. The Telecommunications Consumer Protection Act (TCPA) governs the...more

Proskauer - New Media & Technology

Facial Recognition Technology: Social Media and Beyond, an Emerging Concern

This week, a major self-regulatory initiative intended to address privacy concerns associated with facial recognition technology hit a significant stumbling block. Nine consumer advocacy groups withdrew from the National...more

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