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Category Archives: Marketing and Consumer Privacy

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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

President Obama’s Proposed Privacy Bill of Rights

Posted in Data Protection, Marketing and Consumer Privacy

Part 2: Notice, Consumer Control, and Context

Yesterday we brought you the first part in DWT’s 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, us… Continue Reading

President Obama’s Proposed Privacy Bill of Rights

Posted in Data Protection, Marketing and Consumer Privacy

Part 1: Personal Data, De-Identification, and Retention Requirements

On Friday, Feb. 27, the Obama administration unveiled a proposed Consumer Privacy Bill of Rights that would require businesses to be more transparent in privacy practices, and provide individuals certain rights aimed at helping individuals understand how businesses collect, use… Continue Reading

PCI Council: SSL Will No Longer Be Sufficient for E-Commerce

Posted in Data Protection, Deals and Technology, Marketing and Consumer Privacy

In the latest edition of the PCI Council’s Assessor Newsletter, the Council previewed a proposed change related to the use of Secure Socket Layer (SSL) protocol for encrypting communications between your website’s e-commerce shopping cart and your customers’ computers.

In talking about this proposed revision, which should be expected in versi… Continue Reading

New Jersey Amends “Do Not Call” Law, Eases Prohibition on Telemarketing to Cell Phones

Posted in Marketing and Consumer Privacy

In a somewhat significant departure from prior law, New Jersey Governor Chris Christie signed into law a bill to immediately amend the state’s telemarketing sales call rules to expand the ability of companies to make telemarketing calls to consumers’ mobile devices. Prior to the enactment of S. 1382, New Jersey’s “do not call” law for telemark… Continue Reading

Advisory Alert: FTC Staff Report on Internet of Things

Posted in Marketing and Consumer Privacy, Technology

The Federal Trade Commission released its much anticipated staff report on January 27 regarding consumer privacy and data security concerns arising from the emerging market for connected devices known as the Internet of Things (“IoT”). Titled “The Internet of Things: Privacy and Security in a Connected World,” the FTC’s report (the “Repo… Continue Reading

When Try, Try Again Does Not Succeed: FTC Denies AgeCheq, Inc.’s Second Parental Consent Application Under COPPA

Posted in Marketing and Consumer Privacy

The Federal Trade Commission announced that is has denied AgeCheq, Inc.’s second proposed verifiable parental consent method under the FTC’s Children’s Online Privacy Protection Act (COPPA) Rule.  After trying but failing last year to gain FTC approval for a third-party common consent administrator mechanism, AgeCheq offered a new proposal… Continue Reading

FTC Director Rich: Greater Transparency Needed in Post-Mad Men Era of Online Advertising

Posted in Marketing and Consumer Privacy

The world of the popular television show Mad Men may be glamorous, but according to the Director of the Federal Trade Commission’s Bureau of Consumer Protection, Jessica Rich, it depicts more fiction than fact about modern advertising practices which has moved online and depends on vast amount of customer data.  While speaking at the AdExchanger InduContinue Reading

State AGs Looking to Crack Down on Telemarketers Press FCC and FTC

Posted in Communications/Media, Marketing and Consumer Privacy

A majority of the nation’s state and territorial Attorneys General have collectively urged the Federal Communications Commission and Federal Trade Commission to revisit rules and policies in ways that would help law enforcement crack down on telemarketing practices.

Recently, the FCC issued a public notice seeking comment on a request by the Nation… Continue Reading

Advisory Alert: Refill Reminders and the TCPA

Posted in Healthcare, Marketing and Consumer Privacy

The Telephone Consumer Protection Act (“TCPA”) presents another challenge as health care providers continue to engage patients and seek to meet Meaningful Use reminder objectives. Over the past year, there have been several class action suits alleging pharmacies’ prescription refill reminders violated TCPA. One federal trial court recently … Continue Reading

Is Your Website Ready for California’s “Minor Eraser” Law?

Posted in Communications/Media, Marketing and Consumer Privacy, Technology

Starting on Jan. 1, 2015, California’s new “Minor Eraser” law goes into effect and allows minors in California to remove content or information that they have posted as a registered user on a website, online service, online application or mobile application (collectively, an “online service”).

Does this new law apply to your website? 

This n… Continue Reading