Category Archives: Legislative Developments

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SADDLE UP AMERICA: California Aims to Pass its Own GDPR Law

By Crystal N. Skelton, Dana B. Rosenfeld and Alysa Zeltzer Hutnik on Posted in Consumer Protection, Enforcement, European Union, GDPR, Legislative Developments, Privacy and Information Security, State Attorneys General
Just when you think you’ve tackled the Wild, Wild West of GDPR and privacy compliance, California decides to mix it all up again. This November 6th, California voters will decide on the California Consumer Privacy Act (“Act”), a statewide ballot proposition intended to give California consumers more “rights” with respect to personal information (“PII”) collected … Continue Reading

Senate Confirms Full Slate of New FTC Commissioners

By Kelley Drye on Posted in Consumer Protection, Federal Trade Commission, Legislative Developments
The Senate yesterday confirmed all five nominees to the Federal Trade Commission by voice vote, which means the five-person body will soon be restored to full capacity after over a year with only two Commissioners.  Current Chair Ohlhausen released a statement congratulating incoming Chair Joseph Simons and soon-to-be new Commissioners Noah Phillips, Becca Slaughter, Rohit … Continue Reading

Data Breach Notification Law Roundup

By Katie Townley, Dana B. Rosenfeld and Alysa Zeltzer Hutnik on Posted in Legislative Developments, Privacy and Information Security
Just when you think you have it all under control, the data breach notification law landscape changes – again. Over the past few weeks, several data breach notification statutes were updated, including an effective date for Canada’s mandatory breach notification obligations, as well as the adoption of legislation in the two holdout states (Alabama and … Continue Reading

Congressional Override Offers Industry Reprieve from CFPB Arbitration Rule but Battles Ahead Still Likely

By Donnelly L. McDowell and Alysa Zeltzer Hutnik on Posted in Consumer Financial Protection, Legislative Developments, Regulatory Developments
Last week, the Senate voted 51 to 50 (with Vice President Pence casting the tiebreaking vote) to override the Consumer Financial Protection Bureau’s Arbitration Rule, which was finalized earlier this year in July.  As previously discussed here and here, the Arbitration Rule would have prohibited providers of covered consumer financial products and services from using … Continue Reading

Read This Before Scanning A Driver’s License In New Jersey

By Jeffrey S. Jacobson and Alysa Zeltzer Hutnik on Posted in Consumer Protection, Legislative Developments, Privacy and Information Security
On October 1, 2017, a new law will take effect in New Jersey, the Personal Information and Privacy Protection Act (“PIPPA”), which will severely restrict retailers’ ability to “scan” any customer’s “identification card”–a term defined to mean “a driver’s license,” “probationary license,” “non-driver photo identification card,” or any similar card “issued…for purposes of identification.” Merely … Continue Reading

Don’t Like Negative Reviews? Read This Before You Delete Them

By Alysa Zeltzer Hutnik on Posted in Consumer Protection, Federal Trade Commission, Legislative Developments, Reviews
Late last year, the Consumer Fairness Review Act became law, placing new restrictions on what companies can include in form contracts that impede consumers’ ability to communicate honest reviews of products, services, and companies in any forum. Quietly last month, the Federal Trade Commission released non-binding business guidance on how organizations can comply with the … Continue Reading

Ad Law News and Views Newsletter

By Kelley Drye on Posted in Advertising, Antitrust, Class Actions, Consumer Protection, Dietary Supplements, Enforcement, Fashion and Retail, Federal Communications Commission, Federal Trade Commission, Food and Drug, Kelley Drye, Legislative Developments, NAD, Privacy and Information Security, Regulatory Developments, Social Media, State Attorneys General
Did you know Kelley Drye’s Advertising Law practice produces a newsletter, Ad Law News and Views, every two weeks to help you stay current on ad law and privacy matters? Click here to access our Publication Sign Up and select Advertising and Marketing to subscribe. Find contents from the latest issue below: Click here to view with … Continue Reading

EU Data Protection Authority Issues GDPR Action Plan, Swiss Sign Privacy Deal with U.S.

By Dana B. Rosenfeld, Christopher M. Loeffler, Laura van der Meer and Ilunga Kalala on Posted in Enforcement, European Union, Legislative Developments, Privacy and Information Security, Regulatory Developments
On January 16, 2017, the Article 29 Working Party (“Working Party”)—the EU’s central data protection advisory board—published a press release regarding its Action Plan for 2017, which was adopted as part of its wider implementation strategy for the General Data Protection Regulation (“GDPR”).  The Action Plan follows up on the actions initiated in 2016 and … Continue Reading

Announcing the Advertising and Privacy Law Webinar Series

By Kelley Drye on Posted in Advertising, Advertising and Privacy Law Summit, Advertising Litigation, Agreements, Antitrust, Class Actions, Consumer Financial Protection, Consumer Product Safety, Consumer Protection, Enforcement, Fashion and Retail, Federal & State Regulatory, Federal Communications Commission, Federal Trade Commission, Food and Drug, Internet of Things, Legislative Developments, Marketing & Media Transactions, Mobile Marketing, NAD, Native Advertising, Privacy and Information Security, Real Time Marketing, Regulatory Developments, Social Media, State Attorneys General
Please join Kelley Drye in 2017 for the Advertising and Privacy Law Webinar Series. Like our annual in-person event, this series will provide engaging speakers with extensive experience and knowledge in the fields of advertising, privacy, and consumer protection. These webinars will give key updates and provide practical tips to address issues faced by counsel. … Continue Reading

Better Online Ticket Sales Act of 2016

By David H. Evans and Dana B. Rosenfeld on Posted in Federal Trade Commission, Legislative Developments
On December 14, 2016, President Obama signed into law the Better Online Ticket Sales Act of 2016.  The BOTS Act prohibits circumventing a website’s security measures to acquire event tickets.  It also restricts the reselling of tickets when the seller knows or should have known they were acquired through circumvention.  Importantly, it empowers the Federal … Continue Reading

The Presidential, Senate and House Elections, Results and Policy Implications

By Christie Grymes Thompson on Posted in Legislative Developments
Designed to serve as a comprehensive review of Tuesday’s elections, our guide analyzes the 2016 results and looks ahead to the 115th Congress with an in-depth review of upcoming changes to the House and Senate. The presentation further reviews key policy issues facing the President and the Congress, including tax, trade, healthcare, transportation and infrastructure, regulatory … Continue Reading

Protected: 2016 Advertising and Privacy Law Summit Attendee Follow up

By Kelley Drye on Posted in Advertising, Advertising and Privacy Law Summit, Advertising Litigation, Class Actions, Consumer Financial Protection, Consumer Product Safety, Consumer Protection, Dietary Supplements, Enforcement, Federal & State Regulatory, Federal Trade Commission, Food and Drug, Green Marketing, Internet of Things, Kelley Drye, Legislative Developments, Made in USA, Mobile Marketing, NAD, Native Advertising, Privacy and Information Security, Promotions, Real Time Marketing, Regulatory Developments
There is no excerpt because this is a protected post.

Senate Commerce Committee Members Air Laundry List of Pressing Issues Including Privacy, Data Security, and FTC Enforcement

By Dana B. Rosenfeld, Alysa Zeltzer Hutnik, Jennifer McCadney and Donnelly L. McDowell on Posted in Fair Credit Reporting Act (FCRA), Federal Trade Commission, Internet of Things, Legislative Developments, Privacy and Information Security
On September 27th, the Senate Committee on Commerce, Science, and Transportation held a general oversight hearing of the FTC, which covered a multitude of major policy issues and included testimony from Chairwoman Edith Ramirez, Commissioner Maureen Ohlhausen, and Commissioner Terrell McSweeny.  Chairman John Thune (R-SD) convened the hearing, joined by Senator Richard Blumenthal (D-CT) who … Continue Reading

Kelley Drye’s Full Spectrum Podcast

By Kelley Drye on Posted in Federal Communications Commission, Internet of Things, Legislative Developments, Privacy and Information Security, Regulatory Developments
Five months ago, Kelley Drye’s Communications practice group launched the Full Spectrum podcast. Since then, they have recorded and posted ten episodes, featuring several different attorneys speaking on the most timely trends and issues in the Communications industry. While the podcast is still new, it has gained a substantial following through iTunes, SoundCloud, their podcast … Continue Reading

Clarity Coming Soon About What New Jersey’s Truth-in-Consumer Contract, Warranty and Notice Act (“TCCWNA”) Actually Requires

By Jeffrey S. Jacobson and Geoffrey Castello on Posted in Class Actions, Legislative Developments, Regulatory Developments, TCCWNA
Remember that wave of class actions under New Jersey’s Truth-in-Consumer Contract, Warranty and Notice Act (“TCCWNA”), N.J.S.A. § 56:12-14 et seq., that hit New Jersey courts earlier this year, claiming that website terms of use contained unlawful provisions?  The motion to dismiss briefing is well underway, and online merchants should soon have some clarity about … Continue Reading

A Pound of Flesh Just Got Heavier

By Kristi Wolff and Spencer Elg on Posted in Consumer Protection, Enforcement, Federal Trade Commission, Legislative Developments
The Federal Trade Commission announced yesterday that it has approved final amendments to Commission Rule 1.98 that adjust the maximum civil penalty dollar amounts for violations of 16 provisions of law the FTC enforces, as required by the Federal Civil Penalties Inflation Adjustment Act of 2015 (“Adjustment Act”), which requires federal agencies to implement a … Continue Reading

Nebraska Amends Data Breach Notification Law

By Katie Townley on Posted in Legislative Developments, Privacy and Information Security
Last week, Nebraska Governor Pete Ricketts signed into law LB 835, which makes the following amendments to the state’s data breach notification statute: Adds to the definition of “personal information” a user name or email address, in combination with a password or security question and answer, that would permit access to an online account. Requires … Continue Reading

Safe Harbor Update: The European Commission Issues Guidance on the Schrems Decision

By Dana B. Rosenfeld and Alysa Zeltzer Hutnik on Posted in Legislative Developments, Privacy and Information Security
This past Friday, the European Commission (“the Commission”) issued guidance addressing transatlantic data transfers after the European Court of Justice (“ECJ”) decision in the Schrems case. As we noted in an earlier post, the ECJ Schrems decision invalidated the U.S.-EU Safe Harbor framework, the mechanism that enabled self-certifying corporations to transfer personal data from EU … Continue Reading

California Enacts Three Bills Amending Breach Notification Statute

By Katie Townley on Posted in Legislative Developments, Privacy and Information Security
Last week, California Governor Jerry Brown signed into law three bills that revise California’s data breach notification statute. The bills, which take effect January 1, 2016, establish specific formatting requirements for the consumer breach notice letter; define “encrypted”; and create notice, security, and privacy obligations for data captured by automated license plate recognition (ALPR) systems. … Continue Reading

Dumbing Down Your Smart TV: California Prohibits the Use of Voice Recognition for Advertising Purposes

By Katie Townley and Alysa Zeltzer Hutnik on Posted in Legislative Developments, Privacy and Information Security
Last week, California Governor Jerry Brown signed into law A.B. 1116, prohibiting manufacturers’ use of smart televisions’ voice recognition feature for advertising purposes. Effective January 1, 2016, consumers must be “prominently informed” during initial set-up or installation of the operation of a voice recognition feature, and any recordings collected through the operation of the feature cannot be sold … Continue Reading

Will the FTC Have Access to Your Electronic Communications?

By Crystal N. Skelton on Posted in Advertising, Federal Trade Commission, Legislative Developments, Privacy and Information Security
Amending the Electronic Communications Privacy Act (ECPA) has long been under consideration in Congress, but recent testimony indicates that ECPA reform may have deeper implications for companies subject to FTC investigations. The ECPA, passed almost 30 years ago, generally prohibits the unauthorized access to communications systems and the disclosure of the contents of wire and … Continue Reading

Connecticut Data Breach Law About To Get Tougher

By Alysa Zeltzer Hutnik on Posted in Legislative Developments, Privacy and Information Security
This past Monday, Connecticut legislators voted unanimously to approve two new changes to Connecticut’s breach notification law. Senate Bill 949 will require businesses to (1) provide at least one year of identity theft protection to Connecticut residents affected by a data breach, and (2) report all data breaches to impacted residents and the Connecticut Attorney … Continue Reading

Search for CFPB Director Continues

By Kelley Drye on Posted in Consumer Financial Protection, Legislative Developments, Regulatory Developments
In recent blog entries we have discussed the role being played by Elizabeth Warren in standing up the Consumer Financial Protection Bureau, including efforts to identify a Director for the newly-formed Bureau.  Those efforts have continued recently as Ms. Warren has been meeting with various State Attorneys General about the Bureau. Businessweek reported last week … Continue Reading
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