Privacy & Security Law Blog

Privacy & Security Law Blog

Legal Commentary and Resources for the Payment Industry

Insight & Commentary on Information Management and Protection
FTC Seeks Public Comment on AgeCheq, Inc.’s Proposed Parental Consent Method under COPPA
Posted 26 days ago

The Federal Trade Commission announced Monday that it seeks public…

FTC Seeks Public Comment on AgeCheq, Inc.’s Proposed Parental Consent Method under COPPA
In Flight Catalog: Senator Rockefeller Opens Inquiry Into Consumer Data Practices by Airlines
Posted 27 days ago

Last week, Senator Jay Rockefeller (D-W.Va.) sent a letter to…

In Flight Catalog: Senator Rockefeller Opens Inquiry Into Consumer Data Practices by Airlines
When Does Texting Become Autodialing?
Posted 31 days ago

Seventh Circuit Provided Opportunity to Consider Just What “Capacity” Equipment…

When Does Texting Become Autodialing?
Consumer Privacy Legislation? All Sides Weigh In But Remain Far Apart in the Big Debate Over Big Data
Posted 37 days ago

Recent comments filed by various stakeholders in response to the…

Consumer Privacy Legislation? All Sides Weigh In But Remain Far Apart in the Big Debate Over Big Dat…
FTC Undertakes Period Rule Review of Telemarketing Sales Rule
Posted 41 days ago

The Federal Trade Commission (FTC) has published in the Federal Register a Request for Comments on all aspects of its Telemarketing Sales Rule (TSR) as part of a routine review of the effectiveness, costs and benefits of its rules. Though the Request for Comments targets several TSR issues in particular…

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Developments & Commentary

FTC Seeks Public Comment on AgeCheq, Inc.’s Proposed Parental Consent Method under COPPA

The Federal Trade Commission announced Monday that it seeks public comment on a new verifiable parental consent method application proposed by AgeCheq, Inc., to enable apps, websites and advertisers to obtain parental consent to collect children’s personal information. Per COPPA’s final Rule, interested parties can propose and request FTC approval ...

In Flight Catalog: Senator Rockefeller Opens Inquiry Into Consumer Data Practices by Airlines

Last week, Senator Jay Rockefeller (D-W.Va.) sent a letter to the top ten revenue generating passenger airlines in the United States, opening an inquiry into their practices related to charging additional fees for optional services and the collection of consumer data. With respect to consumer data, Sen. Rockefeller’s letter calls ...

Consumer Privacy Legislation? All Sides Weigh In But Remain Far Apart in the Big Debate Over Big Data

Recent comments filed by various stakeholders in response to the U.S. Commerce Department’s National Telecommunications and Information Administration’s (NTIA) Request for Public Comment (RFC) on “Big Data and Consumer Privacy in the Internet Economy,” evidence a wide rift between consumer groups and most business interests regarding the need for additional ...

FTC Undertakes Periodic Rule Review of Telemarketing Sales Rule

The Federal Trade Commission (FTC) has published in the Federal Register a Request for Comments on all aspects of its Telemarketing Sales Rule (TSR) as part of a routine review of the effectiveness, costs and benefits of its rules. Though the Request for Comments targets several TSR issues in particular ...

COPPA’s “Safe Harbor” Grows with FTC’s Approval of iKeepSafe’s Self-Regulating Framework

The Federal Trade Commission (FTC) has announced that it approved iKeepSafe’s Safe Harbor Program application, allowing the company’s self-regulating framework to serve as a safe harbor under the Children’s Online Privacy Protection Act (COPPA) and the COPPA Rule. The approval comes five months after iKeepSafe originally submitted its safe harbor ...

Resources & Updates

FACTA Class Actions

In the July 2014 issues of The Review of Banking & Financial Services, DWT payments team members Burt Braverman and Micah Ratner wrote about the truncation requirement of FACTA, which has spawned a wave of class action litigation with potentially ruinous damages for “willful” violations. The authors describe the court rulings ...

FTC Releases 2014 Privacy and Data Security Update, Touting Its Efforts and Achievements in Protecting Consumer Privacy

Last week, the Federal Trade Commission (FTC) released its 2014 Privacy and Data Security Update, summarizing the FTC’s major enforcement actions, policy initiatives, rules, reports, workshops, and outreach efforts in the privacy and data security arenas from approximately January 2013 until March 2014. In the 2014 Update, the FTC underscores ...

Department of Energy Invites Cybersecurity Comments

In a Federal Register notice to be officially published Friday, June 20, 2014, the Department of Energy (DOE) is inviting public participation in its efforts to develop a guidance document entitled “Energy Sector Framework Implementation Guidance.” The term “Framework” references the Framework for Improving Critical Infrastructure Cybersecurity which was released ...

Government Officials Continue to Reference NIST Framework

On Thursday, June 12, 2014, while delivering remarks on cybersecurity at the American Enterprise Institute in Washington, D.C., Federal Communications Commission Chairman Tom Wheeler challenged businesses to be more proactive in addressing increasingly prevalent threats to their cybersecurity, urging them to embrace a “new paradigm” in which the private sector ...

UPDATE on Breslow v. Wells Fargo – Same as the Old Boss: Eleventh Circuit Withdraws Opinion Just Four Days Later, But to Little Practical Effect

Just a few days ago, we reported on the Eleventh Circuit’s decision in Breslow v. Wells Fargo, which reaffirmed precedent that strict liability can arise in autodialer, prerecorded-message and texting suits under the Telephone Consumer Protection Act (TCPA), if a caller or texter obtained consent from the intended recipient, but ...