Archives: Marketing and Consumer Privacy

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The End of Loyalty Programs: Assessing California’s New Privacy Laws and Beyond

Join the National Restaurant Association and Davis Wright Tremaine’s Helen Foster for a webinar on January 16, 2019.

In June, the California state legislature passed the nation’s toughest data privacy law to date. The California Consumer Privacy Act (CCPA) will have deep implications for the restaurant industry when it …

FCC Creates Reassigned Phone Number Database With Safe-Harbor Against TCPA Liability for Users

The Federal Communications Commission (FCC) has issued a Second Report and Order in its Advanced Methods to Target and Eliminate Robocalls proceeding to create a comprehensive database of phone numbers subject to reassignment because they have been disconnected from their prior subscribers. This initiative will come as welcome news to …

He’s Making a List. Will Regulators Check His Privacy Practices Twice?

Santa’s practice of monitoring behavior of children across the globe has been publically disclosed for decades, but the recent implementation of the EU General Data Protection Regulation (GDPR) and enactment of the California Consumer Privacy Act (CCPA) raise new questions about the lawfulness of Santa’s activities and rights of children …

The Privacy Road Ahead: The California Consumer Privacy Act and Strategic Planning for 2019 Webinar

The magnitude of the compliance effort many businesses will undertake to become compliant with the California Consumer Privacy Act (“CCPA”) should not be underestimated. Despite its facial similarity to Europe’s new privacy law, the GDPR, the CCPA is a different law with different goals, a different enforcement scheme, and perhaps …

East Coast-West Coast: Ninth Circuit Reinvigorates FCC’s Broad Autodialer Definition, Creates Circuit Split on When TCPA Liability Can Attach for Using a Dialer

On September 20, 2018, in Marks v. Crunch San Diego, the Ninth Circuit became the latest federal appeals court to weigh in after the D.C. Circuit’s decision last March invalidating the Federal Communications Commission’s (FCC) expansive definition of automatic telephone dialing systems (ATDS or “autodialer”) under the Telephone Consumer …

NIST to Begin Workshops to Develop Voluntary Privacy Framework for New Tech Platforms like AI and IoT

The Trump administration has announced plans to develop a “voluntary privacy framework” to address privacy issues associated with “an increasingly connected and complex environment,” including “cutting-edge” technologies such as the Internet of Things (IoT) and artificial intelligence (AI). The initiative will be led by the Commerce Department’s National Institute of …

Is Your Company Prepared to Navigate the Changing Election Law Landscape?

Detour Road Closed and No Entry Signs on Highway in California

Davis Wright Tremaine has developed a State Political Advertising Law Survey, which we can make available to our clients covering all 50 states or a subset of selected states

With the 2018 election season rapidly approaching, legislators across the country are focused on filling gaps in election laws that have …

Business Community Announces California Consumer Privacy Act Amendment “Wish List”

Illustration of edits being made to a document

A coalition of business groups, including the California Chamber of Commerce and a broad array of industry associations, wrote to state lawmakers on Monday requesting a series of amendments to the California Consumer Privacy Act (“AB 375”) to correct drafting errors and fix aspects of the bill deemed “unworkable” by …

Q&A: Privacy and Security Partner Christopher Ott on the California Consumer Privacy Act of 2018

This article was originally published in Westlaw Journal Computer and Internet and Westlaw Journal Automotive.

Christopher Ott answers questions about the newly enacted California Consumer Privacy Act of 2018 — the most progressive and comprehensive consumer privacy law in the U.S. — which gives consumers unprecedented control over their …

California Consumer Privacy Act: A Rapid Q&A

California enacted the nation’s most extensive consumer privacy law on Thursday after only a week of legislative debate. The California Consumer Privacy Act of 2018 (“CCPA”) was passed quickly to prevent a privacy ballot initiative and creates extensive notice, opt-out/opt-in, access, and erasure rights for consumers vis-à-vis businesses that collect …

Update: California Consumer Privacy Act of 2018

As previously reported, just last Thursday California lawmakers announced Assembly Bill 375, “The California Consumer Privacy Act of 2018” (the “CCPA”), as an alternative to the California Consumer Privacy Act ballot initiative (the “Initiative”). The Initiative was certified on Monday, and, according to the Initiative’s chief sponsor, it …

FTC Reminder: Websites and Online Services Subject to COPPA Must Honor Data Deletion Requirements

The Federal Trade Commission (FTC) recently reminded companies why record retention policies are important, especially when required to comply with the Children’s Online Privacy Protection Act (COPPA). In a blog post, titled “Under COPPA, data deletion isn’t just a good idea. It’s the law,” the FTC explained that …

FCC Seeks Comment on Issues Arising from Appellate Reversal of Portions of TCPA Omnibus Order in ACA International

The Federal Communications Commission (FCC) has issued a Public Notice seeking comment on the Telephone Consumer Protection Act (TCPA) definition of “automatic telephone dialing system” (or “autodialer”), potential liability for calls to reassigned phone numbers, and related issues following the D.C. Circuit’s recent decision vacating certain parts of the FCC’s …

D.C. Circuit Rules on FCC’s 2015 TCPA Omnibus Order: A Mixed Bag

On Friday March 16, 2018 the D.C. Circuit issued its long awaited decision on various challenges to the Federal Communication Commissions (FCC) 2015 Omnibus Declaratory Ruling and Order (Omnibus Order) on the Telephone Consumer Protection Act (TCPA), based on claims the FCC exceeded its authority and was capricious and arbitrary …

Webinar | TCPA Update 2018: Current Compliance Challenges for Companies

Marc Roth and Ronnie London will be featured speakers on PLI’s upcoming one-hour briefing “TCPA Update 2018: Current Compliance Challenges for Companies” on February 6, 2018 from 1-2pm ET.

This important and timely presentation will provide a detailed analysis of how courts are interpreting the key aspects of the FCC’s …

FTC Issues Staff Report on Consumer Recognition of Paid Advertising

The Federal Trade Commission delivered the advertising industry an early holiday present in mid-December in the form of a staff report entitled “Blurred Lines: An Exploration of Consumers’ Advertising Recognition in the Contexts of Search Engines and Native Advertising.” The report is a summary of research conducted by the agency …

ICYMI: PrivSec’s Weekly News Picks

 

  1. Trump signs executive order to boost broadband internet development in rural US

Tech Republic reports that “the executive order may help bring internet to previously hard to reach areas, something several ISPs have been working towards.”  “A more connected country”, author Olivia Krauth reports, “could have several business implications. …

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