Archives: Marketing and Consumer Privacy

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And Then There Were 48 (States): New Mexico Enacts a Security Breach Notification Statute

State of New Mexico Flag which is yellow and red shaped

On April 6, 2017, New Mexico joined 47 states, D.C., Guam, Puerto Rico, and the U.S. Virgin Islands when Governor Susana Martinez signed House Bill 15, codifying the Data Breach Notification Act.  With New Mexico becoming the 48th state to enact a security breach notification statute, only Alabama and South Dakota have not codified requirements for repo… Continue Reading

It’s Official: Privacy and Security Rules from Wheeler Era Repealed

On Monday, April 3, President Trump signed a bill repealing the privacy and security rules introduced in the FCC’s October 2016 Order.  Under the terms of the Congressional Review Act (CRA), those rules have now been entirely repealed, the FCC is restricted from implementing “substantially similar” rules in the future, and the congressional act… Continue Reading

FCC Proposes Rules to Allow Carriers to Block Illegal “Robocalls”

The Federal Communications Commission has issued a notice of proposed rulemaking (“NPRM”) and Notice of Inquiry (“NOI”) opening a new docket, Advanced Methods to Target and Eliminate Unlawful Robocalls, which proposes rules to allow telephone voice service providers to block “illegal robocalls” on behalf of their subscribers.  The NP… Continue Reading

New FCC Stays ISP Data Security Rules from Wheeler Era

Secured data transfer

On Wednesday, the Chairman Pai-led FCC adopted an Order granting a stay of the data security rules that were adopted as part of the Commission’s 2016 Privacy Order spearheaded by former FCC Chairman Wheeler. The stay will maintain the data security rules that have been in place for several years, but suspend implementation of the expanded data security r… Continue Reading

New FCC Chairman Moves to Roll Back Privacy Rules for Internet Service Providers

Data protection, internet security flat illustration concepts

Ever since the presidential election and the replacement of former Obama administration FCC Chairman Tom Wheeler with former Republican commissioner and now Chairman Ajit Pai, communications industry and privacy policy observers of all stripes have expected the new FCC to roll back much or all of the agency’s pre-election (October 2016) privacy Ord… Continue Reading

FCC Broadband Privacy Part I: The FCC’s Ascension as a Privacy Regulator

Data protection, internet security flat illustration concepts

Tomorrow, October 27, the Federal Communications Commission (FCC) is scheduled to vote on new privacy rules for internet service providers (ISP) that will have a lasting impact on U.S. privacy regulation. In this special Series, DWT starts with some background on what led us to this point and what we expect from the new rules.  Once adopted, the Series wil… Continue Reading

Brace for Impact: The FCC’s Broadband Privacy Rules Are Almost Here

Data protection, internet security flat illustration concepts

On October 6, Federal Communications Commission Chairman Tom Wheeler published a fact sheet and blog post outlining his proposal to create privacy rules for internet service providers (ISPs), setting the final rules up for a vote at the FCC’s October 27 open meeting. The fact sheet demonstrates that the Federal Trade Commission and other government pr… Continue Reading

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


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


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?


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


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


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