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In February, we posted that the California Attorney General and state Senator Hannah-Beth Jackson had announced a bill that would have materially expanded legal exposure for businesses under the CCPA. The most concerning parts of the bill were the attempts to expand the private right of action to cover privacy practices, while simultaneously removing companies’

The CFPB released its proposed rule governing debt collection, which would impose new requirements for debt collectors related to when and how a consumer can be contacted, what can and must be said when a consumer is reached, and the procedures to validate and verify a debt.  Industry and other stakeholders have long anticipated the

On April 23, the California Assembly’s Committee on Privacy and Consumer Protection held a hearing to discuss a number of proposed amendments to the California Consumer Privacy Act (CCPA).  Here are some of the key bills the Committee voted to move forward:

Earlier this month, the Department of Justice released a White Paper and FAQ on the Clarifying Lawful Overseas Use of Data (CLOUD) Act. Enacted in March 2018, the CLOUD Act attempts to resolve the legal conflicts that arise when one country orders the disclosure of electronic data pursuant to a criminal investigation, but another country’s

A federal judge allowed a class-action lawsuit alleging Bose collected and shared data about its headphone users to proceed last week on the basis of deceptive advertising. The decision underscores the risks that internet of things (IoT) businesses can face if they fail to accurately communicate to consumers how a mobile app or “smart” product

Businesses often include mandatory arbitration clauses in their pre-dispute dealings with customers to prevent costly consumer class actions in favor of streamlined (often individual) arbitration.  The Federal Arbitration Act (“FAA”) makes such arbitration agreements “valid, irrevocable, and enforceable, save upon such grounds as exist at law or in equity for the revocation of any contract.”  

The FTC recently announced a $5.7 million settlement with app developer Musical.ly for COPPA violations associated with its app (now known as TikTok)—the agency’s largest-ever COPPA fine since the enactment of the statute. The agency charged the app company, which allows users to create and share videos of themselves lip-syncing to music, with unlawfully collecting

The Federal Trade Commission (FTC) announced this week that it is seeking comments on proposed amendments to the Privacy Rule and Safeguards Rule under the Gramm-Leach-Bliley Act (GLBA).  These two rules outline obligations for financial institutions to protect the privacy and security of customer data in their control.  While the proposed changes to the Privacy

The National Institute of Standards and Technology (NIST) released a preview of its plans for a standard Privacy Framework this past week.  The purpose of the Framework is to help organizations better manage privacy risks.

The Privacy Framework would breakdown privacy functions into five categories: identify the context of processing, protect private data, control data

The current and future definition of what qualifies as an automatic telephone dialing system (ATDS or autodialer) remains a hotly debated and evaluated issue for every company placing calls and texts, or designing dialer technology, as well as the litigants and jurists already mired in litigation under the Telephone Consumer Protection Act (TCPA).  Last year, the D.C. Circuit struck down the FCC’s ATDS definition in ACA International v. FCC, Case No. 15-1211 (D.C. Cir. 2019).  Courts since have diverged in approaches on interpreting the ATDS term.  See, e.g., prior discussions of Marks and Dominguez.  All eyes thus remain fixed on the FCC for clarification.

In this post, we revisit the relevant details of the Court’s decision in ACA International, and prior statements of FCC Chairman Ajit Pai concerning the ATDS definition to assess how history may be a guide to how the FCC approaches this issue.


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