Privacy & Security Law Blog

Privacy & Security Law Blog

Legal Commentary and Resources for the Payment Industry

Insight & Commentary on Information Management and Protection

Category Archives: Marketing and Consumer Privacy

Subscribe to Marketing and Consumer Privacy RSS Feed

FCC Announces Robocalling and Caller ID Spoofing Workshop

Posted in Marketing and Consumer Privacy

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

Posted in Marketing and Consumer Privacy

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

Posted in Marketing and Consumer Privacy

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

Posted in Marketing and Consumer Privacy

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

Posted in Marketing and Consumer Privacy, Policy and Regulatory Positioning

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

Posted in Marketing and Consumer Privacy

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

Posted in Marketing and Consumer Privacy

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

Posted in Marketing and Consumer Privacy

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

Video Interview on RadioShack Selling Data

Posted in Marketing and Consumer Privacy

From LXBN TV

“Why does RadioShack ask for your phone number when you buy batteries?” is a question that was once asked by Kramer in Seinfeld. Now, we have the answer—that data is pretty valuable, as evidenced by the bankrupt company’s efforts to sell it off in an attempt to pay down its debt.

Jeanne Sheahan joins LXBN TV to interpret RadioShack’s pla… Continue Reading

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

Posted in Marketing and Consumer Privacy

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

Supreme Court Grants Cert in Campbell-Ewald v. Gomez

Posted in Litigation, Marketing and Consumer Privacy

In a move that may greatly impact litigation under the Telephone Consumer Privacy Act (TCPA) and potentially other acts that provide statutory damages for violations, the high court will hear arguments in a case questioning whether a class action can survive even after the named plaintiff(s) received an offer of complete relief

On May 18, 2015, the United … Continue Reading

Self-Regulatory Ad Programs Get Updated with Enforcement of Mobile Guidance to Begin Sept. 1

Posted in Data Protection, Marketing and Consumer Privacy

The digital advertising industry’s decision to start enforcing its self-regulatory principles will mean that mobile platform advertisers and other entities will face additional consumer notification, data use, and data security requirements when seeking to collect consumer data from mobile devices for advertising purposes.

Mobile app develop… Continue Reading

Virginia & Montana Pass Employee Social Media Privacy Acts

Posted in Marketing and Consumer Privacy, Workplace Privacy

Employers in Virginia and Montana that want to connect with their employees online may now have to wait for their employees to “like” them first, thanks to a pair of bills recently enacted.

On March 23, Virginia Governor Terry McAuliffe signed H.B. 2081, a bill which will limit the ability of employers to access employees’ and applicants’ personal … Continue Reading

Will Class Actions Have a Leg to Stand on After Spokeo?

Posted in Marketing and Consumer Privacy

Earlier this week we promised you a more detailed look at the U.S. Supreme Court’s decision to grant certiorari in Spokeo, Inc. v. Robins, and why the Court’s willingness to resolve questions on plaintiffs’ standing to assert informational privacy claims next term matters to businesses.

In essence, the question presented in Spokeo is whether a sta… Continue Reading

Supreme Court Grants Cert in Spokeo v. Robins

Posted in Marketing and Consumer Privacy

In a case that may have vast consequences for online privacy cases, the high court will weigh whether plaintiffs need to point to cognizable harm to sustain claims of federal statutory violations or whether a violation of a statute alone is enough to confer standing

On April 27 the United States Supreme Court granted certiorari in Spokeo, Inc. v. Robins, set… Continue Reading

Canada Issues First Penalties Under Anti-Spam Law

Posted in Global, Marketing and Consumer Privacy

CRTC imposes over US$900,000 in fines against two companies, reminding U.S.- and foreign-based businesses about possible liability under Canada’s Anti-Spam Law

This month marks the issuance of the first two enforcement actions under Canada’s Anti-Spam Law (CASL) since provisions governing commercial electronic messages (CEMs), software dow… Continue Reading

FTC Continues to Update COPPA FAQs – This Time, Guidance for Schools

Posted in Communications/Media, Marketing and Consumer Privacy

Update: On March 20, 2015, the Federal Trade Commission quietly announced further slight modifications to “Part M” of its FAQs pertaining to COPPA guidance for schools.  First, the FTC deleted the FAQ M.6 hypothetical on whether educators may register students for online social networks because, the FTC said, it wanted to better streamline the FAQ… Continue Reading

FCC Announces Broadband Consumer Privacy Workshop – April 28

Posted in Communications/Media, Marketing and Consumer Privacy

Commission makes good on Chairman Wheeler’s promise following adoption of new Net Neutrality rules

The Federal Communications Commission recently announced that will hold a public workshop on April 28, exploring the FCC’s role protecting consumer privacy in relation to broadband Internet services. The FCC stated that the event will give stakeho… Continue Reading

FTC and State AGs: Political Survey Preface Does Not Allow Sales Robocalls to Avoid Do-Not-Call and Telemarketing Sales Rule Compliance

Posted in Marketing and Consumer Privacy

Cruise Line and Some of its Cohorts Settle Complaint for $500,000+ and Agree to Follow Do-Not-Call, Caller ID, Prerecorded Message, and Other Telemarketing Rules

The Federal Trade Commission (FTC) and 10 state Attorneys General announced the filing of a complaint and proposed stipulations against Caribbean Cruise Line (CCL) and several other compani… Continue Reading

Chairman Wheeler Says the FCC Didn’t Just Fall Off the Turnip Truck – It Has Experience with Protecting Consumer Privacy, Too

Posted in Communications/Media, Marketing and Consumer Privacy, Policy and Regulatory Positioning

Last night the Center for Democracy & Technology held its annual dinner (a.k.a. the “Tech Prom”) in Washington, D.C., where  FCC Chairman Tom Wheeler was featured as the keynote speaker.  Wheeler’s remarks came on the heels of the Commission’s vote to adopt new open Internet rules, which are expected to provide the agency with broader aut… Continue Reading

President Obama’s Proposed Privacy Bill of Rights

Posted in Data Protection, Marketing and Consumer Privacy

Part 6: FTC Enforcement Powers

In this post, we look at the additional powers given to the Federal Trade Commission (FTC) to enforce the Consumer Privacy Bill of Rights (CPBR) and what it may mean for the agency that already enjoys significant authority to enforce existing consumer privacy protection laws.

Enhanced Privacy Protection Role for the FTC

The C… Continue Reading

President Obama’s Proposed Privacy Bill of Rights

Posted in Data Protection, Marketing and Consumer Privacy

Part 5: Accountability

This week we have brought you a multi-part series analyzing the Obama administration’s proposed Consumer Privacy Bill of Rights  (“CPBR” or “proposal”), which would require greater transparency by businesses in their privacy practices, and grant individuals certain rights and controls over how businesses collect, … Continue Reading

President Obama’s Proposed Privacy Bill of Rights

Posted in Data Protection, Marketing and Consumer Privacy

Part 4: Data Security

On Friday, Feb. 27, the Obama administration unveiled a proposed Consumer Privacy Bill of Rights that would require “covered entities” to be more transparent in privacy practices, and provide individuals certain rights aimed at helping them understand how their information is collected, used, and shared. It would also requir… Continue Reading

President Obama’s Proposed Privacy Bill of Rights

Posted in Data Protection, Marketing and Consumer Privacy

Part 3: Who’s Covered

This week we have brought you a multi-part series analyzing the Obama administration’s proposed Consumer Privacy Bill of Rights, which would require greater transparency by businesses in their privacy practices, and grant individuals certain rights and controls over how businesses collect, use and share personal informati… Continue Reading