The FTC released a 100-page staff report this past November that assesses evolving business models relying on internet and app-based “sharing economy” platforms, such as those providing peer-to-peer services, and their effects on more traditional industries. To read more, click here.
A Gentle Reminder from the FCC: Autodialed Text Messages Fall Under TCPA Restrictions
Last week, the FCC’s Enforcement Bureau issued an enforcement advisory reiterating its position that autodialed text messages must comply with requirements set forth in the Telephone Consumer Protection Act (TCPA). Though it is unclear what prompted this specific advisory (perhaps, the upcoming holiday season), the Enforcement Bureau issued the warning in order to promote understanding
Google Makes Ad-Tracking Change in its Privacy Policy
In 2007, Google bought online ad network DoubleClick, which uses cookies to collect and store data about Google users from their browsing history, to best place clients’ ads. This past June, Google revised its privacy policy to state that users’ activities on other sites tracked by DoubleClick “may be associated with [their] personal information.” This
Lyft Faces Second Wave of TCPA Litigation for Sending Autodialed Texts
Lyft, Inc. – the popular ride hailing service featuring the iconic pink moustache – is facing a second class action lawsuit in California alleging violations under the Telephone Consumer Protection Act (“TCPA”).
This alleges that Lyft sent unwanted and unsolicited text messages to cellphones using an automated dialing system without first obtaining express written consent
Class Action Filed Against Indianapolis Colts over App
This month, the Indianapolis Colts, app developer Yinzcam, Inc., and ultrasonic technology provider Lisnr, Inc., were hit with a federal class action lawsuit in Pennsylvania for violating the Electronic Communications Privacy Act by allegedly allowing the Colts fan app to listen in on users’ personal phone conversations, and use that information for advertising purposes without
YouTube Boosts Transparency with New Option to Disclose Paid Ads
As companies increasingly implement voluntary measures to enhance transparency among their user base, this month, YouTube introduced the option for creators to feature paid promotion disclosures on video content.
Click here to read more on our sister blog AdLaw By Request.
VPPA Suit Over Sharing Users’ Video-Viewing Data Continues as Gannett’s Motion to Dismiss Is Denied
In a case demonstrating the ongoing difficulties of applying the Spokeo decision to interpret injury-in-fact, a Massachusetts federal court last week denied a motion to dismiss by USA Today parent company, Gannett Satellite Information Network Inc., where the company allegedly disclosed personal data about a user’s video-viewing history to a third-party analytics firm.
The putative class action was brought in 2014 by a man who alleges Gannett violated the Video Privacy Protection Act (“VPPA”) by recording the titles of videos he viewed on the USA Today app, his Android ID, and the GPS coordinates of his device at the time videos were watched, and sending that information to Adobe, its analytics vendor, without his permission.
Continue Reading VPPA Suit Over Sharing Users’ Video-Viewing Data Continues as Gannett’s Motion to Dismiss Is Denied
Federal Judge in Maryland Remands Data Breach Class Action Following in Spokeo Decision’s Footsteps
Just days after the Supreme Court’s ruling in Spokeo v. Robins, the highly anticipated decision is already impacting data breach class actions across the country. The defendant in the Spokeo case contended that the plaintiff had suffered no concrete injury, and that a mere statutory violation is not enough of an injury to
FTC’s PrivacyCon Highlights Consumer Privacy Perceptions and Targeting
The Federal Trade Commission is currently the most aggressive enforcement agency on privacy and data security. The agency kicked off 2016 with PrivacyCon on January 14, which put the spotlight on academic research on consumer privacy and security.
The conference, which drew 400 attendees to Southwest D.C. and 1,500 more streaming online, showcased 19 papers on topics ranging from mismatched consumer privacy expectations online to the costs and causes of cyber incidents, with many papers focusing on the technology of online tracking. While the papers presented do not necessarily reflect the view of the FTC, it is likely that they selected presenters and findings that are consistent with their enforcement priorities.
Continue Reading FTC’s PrivacyCon Highlights Consumer Privacy Perceptions and Targeting
FTC Warns Big Data Brings Big Consequences in New Report
The FTC unveiled a lengthy report, Big Data: A Tool for Inclusion or Exclusion? Understanding the Issues, warning companies about commercial uses of big data and the discriminatory impact it may have on low-income and underserved populations. “Big data” refers to the ubiquitous collection of massive amounts of consumer information by companies, which may be analyzed to reveal certain consumer patterns, trends, and associations.
While the term may conjure up an ominous feeling for some, big data has brought numerous advantages to society by efficiently and effectively matching products and services to consumers of all demographics. However, the FTC’s report warns that potential inaccuracies and biases might lead to detrimental effects on low-income and underserved populations, such as the misuse of personal information, reinforcing existing biases and disparities against certain populations, perpetuating fraud against vulnerable consumers, and weakening the overall effectiveness of consumer choice. While companies can design efficient big data algorithms that learn from human patterns and behavior, those algorithms may also “learn” to generate biased results.
Continue Reading FTC Warns Big Data Brings Big Consequences in New Report