Since California enacted its Automatic Purchase Renewals Law (APRL) in 2010, the plaintiffs’ class action bar has been active in suing companies with subscription-based services for their alleged failures to comply with the APRL requirements. The lawsuits stem from the alleged failure to comply with the disclosure, consent, and acknowledgment requirements applicable to many types … Continue Reading
Check out this month’s edition of The Privacy Advisor, a publication of the International Association of Privacy Professionals (IAPP), for Divonne Smoyer and Kimberly Chow’s Q&A with Indiana Attorney General Curtis Hill. AG Hill has prioritized rolling back federal overreach and safeguarding consumers from fraud and scams, along with continuing to take a hard line … Continue Reading
The German Federal Cartel Office (”FCO“) has launched a sector inquiry into “online price comparison websites.” This sector inquiry is the first specific proceeding in which the FCO applies its new competencies in the area of consumer protection given to it by the 9th amendment to the German Act against Restraints of Competition (“ARC”). Another sector … Continue Reading
Affirming a lower court decision this blog discussed here, the Superior Court of Pennsylvania held January 12 that dismissal of a proposed data breach class action was proper, because the University of Pittsburgh Medical Center lacked a legal duty to protect employee information stolen by a third party. The 2-1 majority’s finding that UPMC had … Continue Reading
In a press release dated 17 May 2016, the Federation of German Consumer Organizations (Verbraucherzentrale Bundesverband – vzbv) announced that on 8 April 2016, the Court of Appeal Berlin (Kammergericht Berlin; “Court”) issued a judgment against WhatsApp Inc., prohibiting WhatsApp the use of English Terms & Conditions on its website for contracts with consumers in Germany, unless … Continue Reading
Georgia Attorney General Sam Olens has come out in support of federal data breach preemption as a more realistic way to ask companies to comply with regulatory requirements in the wake of a breach or data loss incident. His statement comes on the heels of California Attorney General Kamala Harris’ report that the burden on … Continue Reading
Businesses scrambling to comply with the dozens of varying state laws governing data privacy and security breaches may have a new ally in California Attorney General Kamala Harris, but they shouldn’t expect her to relax any standards. In her introduction to the 2016 California Data Breach Report, Harris addressed the concerns of many who have … Continue Reading
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 … Continue Reading
On 17 December 2015, the German Parliament (Deutscher Bundestag) passed a bill on the improvement of enforcement of data protection provisions protecting consumers (Entwurf eines Gesetzes zur Verbesserung der zivilrechtlichen Durchsetzung von verbraucherschützenden Vorschriften des Datenschutzrechts). Under the new law, registered consumer associations will have the right to sue companies for violations of data protection laws … Continue Reading
Office of Fair Trading (OFT) research into how online businesses use consumers’ information to influence prices has raised concerns over how UK companies collect and use consumer data. The report on Personalised Pricing found that many consumers are concerned with the extent of personal information collected and used online. OFT points out that websites failed … Continue Reading
