On the one-year anniversary of Target’s announcement that it had suffered a massive data breach, Judge Magnuson in the District of Minnesota cleared the way for a consumer class action against the retailer to move forward into discovery. Earlier this month, the court ruled that the financial institution class actions can also proceed.
In the
On October 30, 2014, the FCC issued a much-anticipated ruling (“FCC Order”) resolving several petitions seeking clarification of the opt-out notice requirement regarding advertisements faxed to consumers, contained in the Telephone Consumer Protection Act, section 227 of the Communications Act (“TCPA”). The FCC ruled that all such faxes, even those sent with the recipient’s prior
This post was written by Raymond Y. Kim and Jack J. Gindi.
On October 23, 2014, the U.S. District Court for the Southern District of California further clarified the federal Telephone Consumer Protection Act’s (“TCPA”) definition of “automatic telephone dialing system” (“ATDS”) and granted summary judgment for the defendant on the grounds that it did
This post was written by Hilary St. Jean.
Unmanned aerial cameras have been legal in other parts of the world but prohibited for commercial use in the United States until last week, with the limited exception of two commercial-drone operations, which the FAA had previously approved for Alaskan oil operations. On September 25, 2014,
On September 15, the Federal Trade Commission held a workshop entitled “Big Data: A Tool for Inclusion or Exclusion?” FTC Commissioner Julie Brill took the opportunity to discuss an industry that she has consistently maintained requires more regulation and scrutiny: data brokers.
Commissioner Brill stressed first that the FTC is very focused on entities regulated
This post was written by Frederick Lah and Khurram N. Gore.
Seemingly every day, new types of wearable devices are popping up on the market. Google Glass, Samsung’s Gear, Fitbit (a fitness and activity tracker), Pulse (a fitness tracker that measures heart rate and blood oxygen), and Narrative (a wearable, automatic camera) are just a
Businesses that think they know what privacy issues are on the minds of the state attorneys general (AGs) should be aware that AGs are being urged to take action, either on their own, or in concert with the FTC, on key cutting edge privacy issues. At a major meeting of state AGs this week at
Florida’s new data breach notification law, effective July 1, 2014, follows a recent trend of expanding the definition of personal information and requiring entities to notify state attorney general offices or other regulators. The Florida Information Protection Act, signed into law June 20, repeals the existing data breach notification law and imposes new requirements
This post was written by Timothy J. Nagle and Christopher J. Fatherley.
In December 2011, the Consumer Financial Protection Bureau (CFPB) published a Federal Register (FR) notice [76 FR 75825] on “Streamlining Inherited Regulations.” These regulations consist of federal consumer financial laws that were transferred to CFPB authority under the Dodd-Frank Wall Street
This post was written by Rose Plager-Unger and Frederick Lah.
On May 21, 2014, Oklahoma enacted H.B. 2372, following the trend outlined in our earlier article on the growing number of states prohibiting employers from requesting employee or applicant social media account passwords. H.B. 2372 prohibits employers from requesting or requiring the user name