Archives: Marketing and Consumer Privacy

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Advisory Alert: 9th Cir. Rules Common Carriers Beyond FTC Authority

In a decision that could significantly impact the scope of the Federal Trade Commission’s consumer protection authority under Section 5 of the FTC Act, the U.S. Court of Appeals for the Ninth Circuit ruled on August 29, 2016, that common carriers are entirely exempt from the FTC’s jurisdiction, even when engaged in “non-common carrier” activiti… Continue Reading

FCC Issues Federal Debt Collection Robocall Rules

On August 11, the Federal Communications Commission (“FCC”) issued a Report and Order (“R&O”) adopting rules to implement provisions of the Bipartisan Budget Act of 2015, which amended the Telephone Consumer Protection Act (“TCPA”) to allow autodialed and pre-recorded calls and texts to collect on debts owed to or guaranteed by the Un… Continue Reading

Where’s the (TCPA) Harm in That?

TCPA Cases Post-Spokeo: Federal courts weigh plaintiffs’ alleged harms under the TCPA in light of Spokeo v. Robins, with some beginning to find injury-in-fact to sue for unwanted calls and texts – while one rules that “professional” TCPA plaintiffs do not suffer injury insofar as calls are not “unwanted”

Following the U.S. Supreme Court’… Continue Reading

FTC Settles Case against Vulcun for Force-Installing Apps

On May 10, the Federal Trade Commission (FTC) announced it had approved an order with General Workings, Inc., d/b/a “Vulcun,” settling charges that the company violated the Federal Trade Commission Act (FTC Act) when it replaced a popular web browser extension game with a program that force-installed apps on users’ devices without permission. Wh… Continue Reading

Advisory Alert: Impact of SCOTUS’ “Standing” Ruling in Spokeo

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The U.S. Supreme Court recently issued its much-anticipated ruling in Spokeo v. Robins, in which the Court considered whether Congress can confer Article III standing on a plaintiff to bring an action based on an alleged violation of a statute where that plaintiff has not otherwise suffered concrete injury. In a 6-2 decision, the Court held that whatever s… Continue Reading

SCOTUS Vacates Ninth Circuit’s Spokeo Decision

Alleging a bare statutory violation not enough to confer standing

When the Supreme Court granted certiorari in Spokeo v. Robins, it was clear that a ruling in the case would have significant implications for litigation under privacy statutes.  The issue before the Court was whether Congress can confer Article III standing on a plaintiff that has not suff… Continue Reading

Open Internet Webinar

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Keeping up with the Latest Happenings at the FCC, Capitol Hill, and Beyond
Tuesday, April 26, 2016
2:00 – 3:00 p.m. EDT

As the Obama Administration winds down, the FCC has moved forward with a series of Internet-related initiatives in quick succession including new rules impacting Lifeline and Open Internet and proposed privacy rules. Please join us as w… Continue Reading

TCPA Update – FCC Reveals Key Points for Proposed Rules for “Robocalling” to Collect Federal Debt

Last November, in pushing through the Bipartisan Budget Act of 2015, Congress inserted minor amendments to the Telephone Consumer Protection Act (TCPA) to create a new exception to the TCPA’s prohibition on autodialed and prerecorded calls to cell phones, to allow such calls when placed to collect a debt owed to or guaranteed by the United States.  Th… Continue Reading

ALJ Dismisses FTC Data Breach Action Against LabMD

In the first ruling rebuking the Federal Trade Commission’s cybersecurity enforcement efforts, the FTC’s head administrative law judge dismissed the FTC’s complaint against LabMD, Inc., on November 13, stating that fundamental fairness demanded dismissal, as the FTC had not presented any evidence of actual or likely substantial consumer inj… Continue Reading

Budget Deal Allows Autodialers and Robocalls in Federal Debt Collection

President Barak Obama recently signed into law the Bipartisan Budget Act of 2015 (H.R. 1314), which resolved major differences between the White House and Congress, thereby funding the federal government for the next two years – and, in less noted respect, effectuating a minor amendment to the Telephone Consumer Protection Act (TCPA) that slightly ex… Continue Reading

Third Circuit Gives TCPA Autodialer Plaintiffs Staying Power

First Ruling by Circuit Court After FCC Clarification Suggests TCPA Autodialer Litigation May Get Bogged Down on Factual Issues

The U.S. Court of Appeals for the Third Circuit recently became the first federal appellate court to apply the Federal Communications Commission’s declaratory ruling that expanded the notion of what constitutes an “auto… Continue Reading

California Beefs Up Encryption & Notice in Data Breach Law

Golden Gate Bridge

On October 8, 2015, California Governor Jerry Brown signed A.B. 964 and S.B. 570 into law, a pair of bills that amended the Golden State’s data breach notification statute (Ca. Civ. Code § 1798.82). The amendments specifically define information that is “encrypted” so as to presumptively exclude it from notice and disclosure requirements, add ad… Continue Reading

How Does Online Behavioral Advertising Affect Your Company?

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Do you do business online? Do you want to use the latest technology to target potential customers based on their interests and preferences? Do you need to broaden your understanding of how collecting data for online behavioral advertising affects your business?

If you answered yes to any of these questions, you need to review your company’s privacy stat… Continue Reading

FCC Announces Robocalling and Caller ID Spoofing Workshop

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Program Chains Off of Recent TCPA Order on Autodialed Calls and Texts

Telemarketers and others who may have been wondering how the Federal Communications Commission’s recent and – to industry participants – concerning Declaratory Ruling and Order on the Telephone Consumer Protection Act (TCPA) (TCPA Order) might affect their autodialing can lo… Continue Reading

FTC Considers Facial Recognition Parental Consent Method Under COPPA Rule

The Federal Trade Commission announced on July 31 that it is seeking public comment on a new verifiable parental consent method application submitted by Riyo under the Children’s Online Privacy Protection Act (COPPA) Rule. If approved by the FTC, Riyo’s proposed mechanism would allow entities to obtain verifiable parental consent through a two-st… Continue Reading

Industry Players Weigh In on Spokeo

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A few months ago, we reviewed the U.S. Supreme Court’s decision to grant certiorari in Spokeo, Inc. v. Robins, and the implications that a ruling in the case will have on the landscape of litigation under privacy statutes.  Since then, the petitioner, Spokeo, and numerous amici have filed briefs addressing the issue before the Court – whether Congr… Continue Reading

The Fingerprint File Doesn’t Have to Bring You Down: NAI Offers Advertisers Guidance on Digital Fingerprinting & Location Tracking

Digital Marketing

Advertisers who use tools such as location data and newer non-cookie technologies to deliver interest-based advertising must carefully balance the use of those tools with consumer privacy.  To achieve this balance, the Network Advertising Initiative (NAI) – a digital advertising self-regulatory body – has recently released guidance for adver… Continue Reading

FCC’s TCPA Order Offers Little Clarity or Relief for Businesses

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In potentially its most significant action under the Telephone Consumer Protection Act (TCPA) since 2003, the Federal Communications Commission released its previously-adopted Declaratory Ruling and Order on July 10th in which it resolved 19 petitions seeking declaratory rulings. As we foreshadowed upon the Order’s adoption, it does little to pr… Continue Reading

TCPA Webinar

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Thursday, June 25, 2015
3:00 p.m. – 4:00 p.m. E.D.T.

The FCC is poised to decide most (but not all) of the more than two-dozen long-pending petitions seeking clarification of how the Telephone Consumer Protection Act (TCPA) applies in a variety of contexts, as companies continue to seek ways to counter the morass of TCPA class action litigation that h… Continue Reading

Significant Amendments to COPPA Proposed in Do Not Track Kids Act

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Reigniting their previous bipartisan attempts to amend the Children’s Online Privacy Protection Act (COPPA) and add greater privacy protections for children and younger teens, U.S. Senator Edward Markey (D-Mass.) and Rep. Joe Barton (R-TX) introduced the “Do Not Track Kids Act of 2015” (S. 1563 and H.R. 2734, respectively) on June 11, 2015.  S… Continue Reading

FCC Uses Industry Requests for TCPA Clarity to “Close Loopholes” and “Empower Consumers” Rather Than to Afford More Than Token Relief to Petitioners

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The Federal Communications Commission (FCC) adopted a Declaratory Ruling and Order that resolves 19 petitions for declaratory ruling, one rulemaking petition and one petition for clarification, all arising out of  an upsurge in big-dollar class action litigation under the Telephone Consumer Protection Act (TCPA) and FCC implementing rules.  In … Continue Reading

FCC Chairman Issues Fact Sheet Announcing Proposed Omnibus Declaratory Rulings to Address TCPA Petitions

On Wednesday, May 27, 2015, the FCC released a Fact Sheet announcing that Chairman Wheeler circulated a proposal to the other Commissioners for resolution of two dozen pending petitions seeking clarification of the FCC’s rules that implement the Telephone Consumer Protection Act (“TCPA”). According to the Fact Sheet, the proposal combines 24 cu… Continue Reading

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