Tag Archives: Privacy

Support for FTC Jurisdiction Over Broadband: Ninth Circuit En Banc Rules Common Carrier Exemption is “Activity,” and not “Status-based,” Reversing Earlier AT&T Victory

The Republican-led FCC’s effort to get out of the business of regulating broadband providers’ consumer practices took a step forward on Monday.  In an appeal that has been proceeding in parallel with the FCC’s “Restoring Internet Freedom” reclassification proceeding, the U.S. Court of Appeals for the Ninth Circuit issued an opinion giving the Federal Trade … Continue Reading

Ninth Circuit Grants FTC Request for Rehearing En Banc of AT&T Throttling Case, Setting Aside Earlier Opinion

On May 9, 2017, the U.S. Court of Appeals for the Ninth Circuit issued an order granting a Federal Trade Commission (FTC) request for rehearing en banc of the court’s earlier decision to dismiss an FTC case against AT&T Mobility over allegedly “unfair and deceptive” throttling practices in connection with wireless data services provided to AT&T’s customers … Continue Reading

Smart TV Manufacturer “Smarting” after $2.2 Million Privacy Enforcement

This week, the FTC announced a settlement with VIZIO, Inc., one of the world’s largest manufacturers of “smart” TVs.  The settlement, also with the Office of the New Jersey Attorney General, arises from claims by regulators that VIZIO installed software that collected viewing data for 11 million consumer TVs without consent.  The $2.2 million settlement … Continue Reading

FCC Votes to Impose Aggressive New Privacy Rules on Broadband Providers

At the Federal Communications Commission’s (“FCC”) Open Meeting on October 27, the Commission voted along party lines (3-2) to impose more stringent rules on broadband Internet service providers (“ISPs”). Chairman Tom Wheeler, along with Commissioners Rosenworcel and Clyburn voted in favor of the item, while Commissioners Pai and O’Rielly voted against it. The new rules … Continue Reading

Protected: 2016 Advertising and Privacy Law Summit Attendee Follow up

There is no excerpt because this is a protected post.

Ninth Circuit Decision in AT&T “Throttling” Case May Reset Boundaries Between FTC and FCC Jurisdiction

On Monday, August 29, 2016, the Ninth Circuit Court of Appeals issued an opinion that may dramatically alter the boundaries between the Federal Trade Commission’s (FTC) and Federal Communications Commission’s (FCC) authority over phone companies, broadband providers, and other common carriers.  The Ninth Circuit dismissed a case that the FTC brought against AT&T over its … Continue Reading

What You Need to Know About Privacy Shield: An Overview of the New Transatlantic Framework

On July 12, 2016, the European Commission (“Commission”) formally adopted and released the Privacy Shield Adequacy decision, which will allow certified U.S. companies to transfer EU personal data to the United States.  The EU-U.S. Privacy Shield (“Privacy Shield”) replaces the U.S.-EU Safe Harbor framework (“Safe Harbor”), which was invalidated in October 2015 by the European … Continue Reading

Who’s Still “Standing” Following Spokeo, Inc. v. Robins?

From the first month of district court decisions issued since the United States Supreme Court decided Spokeo, Inc. v. Robins, No. 13-1339, 2016 WL 2842447, *3 (U.S. May 16, 2016), it appears the needle on Article III standing has moved slightly, but so far only slightly, in favor of the defense. Spokeo held that (i) in order to … Continue Reading

App Developers Settle COPPA Violations Relating to Third-Party Ad Network Practices

This week, the FTC announced settlements with two mobile app developers – LAI Systems, LLC and Retro Dreamer (including two of its principals) – concerning allegations that their apps collected childrens’ personal information without obtaining parental consent in violation of COPPA.  These cases are the first in which the FTC has held a company liable … Continue Reading

Metropolitan Corporate Counsel Interviews Special Counsel Richard Cohen Regarding Innovations in Technology Affecting Big Data

Special counsel Richard Cohen was interviewed by Metropolitan Corporate Counsel in the law article “Weighing Public vs. Private Interests in the Big Data Economy: Innovations in technology continue to bring more questions about privacy.”  Mr. Cohen discusses the current startup environment, big data, and venture capital accelerators based on his extensive experience working with technology … Continue Reading

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

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

The FTC’s Final Privacy Report

Today the Federal Trade Commission released its much anticipated final Privacy Report, entitled Protecting Consumer Privacy in an Era of Rapid Change: Recommendations for Businesses and Policymakers. The final report calls on companies to implement best practices to protect consumers’ private information (both on- and off-line), Congress to enact baseline privacy and data security legislation … Continue Reading

FTC Commissioner Discusses CFPB at Privacy Conference

FTC Commissioner Julie Brill spoke about the new Consumer Financial Protection Bureau (“CFPB”) during a keynote address she delivered at the International Association of Privacy Professionals Second Annual Conference on December 7th. While describing how Congress enacted the Fair Credit Reporting Act (“FCRA”) to protect consumers’ personal information, Brill stated that the FTC and CFPB … Continue Reading

California’s Song-Beverly Credit Card Act: The Past, Present, and Future

Last week the BNA Privacy & Security Law Report published an article discussing in detail California’s Song-Beverly Credit Card Act (the “Act”). The aim of the article is to provide those persons and businesses that regularly engage in credit card transactions in California, most notably retail merchants, with a meaningful primer on some critical current and … Continue Reading

S.D.N.Y: Plaintiffs Asserting Claims Based on Risk of Identity Theft Lack Standing

The Southern District of New York, recently, in Hammond v. The Bank of New York Mellon Corp., No. 08-6060, 2010 WL 2643307 (S.D.N.Y. June 25, 2010) joined other courts from around the country in holding that plaintiffs who bring claims based on the risk of identity theft lack Article III standing. In each case, including the … Continue Reading

Legal Developments Affecting Payment Card Data Pass Practices

On-line marketers that share their customers’ credit or payment card information with other business partners without the consumer’s knowledge or active consent – a practice referred to as a “data pass” – may wish to read a recently published BNA Privacy & Security Law Report titled “Scrutiny on Payment Card Data Pass: Raising the Profile … Continue Reading

Appellant Attempts to Re-litigate Issue of Whether Retailers that Collect Customer Zip Codes During Credit Card Transactions Violate California’s Song Beverly Credit Card Act

In a previous post, we noted that the California Supreme Court in Pineda v. Williams-Sonoma Stores, Inc., granted a petition to review the issue of whether a retailer violates California’s Song-Beverly Credit Card Act if, in connection with a credit card transaction, it records a customer’s zip code for the purpose of later using it … Continue Reading

Another Missive from the Data Breach Front: Remote Risk of Identity Theft Does Not Confer Standing in Allison v. Aetna

Allison v. Aetna, Inc., a recent opinion out of the Eastern District of Pennsylvania, adds to the burgeoning area of law that holds when a plaintiff fails to allege an actual injury resulting from a data breach, but instead only alleges an enhanced risk of identity theft, an injury-in-fact does not exist and the suit … Continue Reading

UPDATE: Data Breaches on the Rise in 2010

Updating a previous post regarding the rise last year in the number of data breaches involving customers’ personal information in the general business sector, the numbers of these breaches for the first third of 2010 reflect a similarly troubling trend. According to the Identity Theft Resource Center (“ITRC”), the total number of reported data breaches as … Continue Reading

Study Suggests that Data Breaches Among Businesses May Be on the Rise

A recent study released by the Identity Theft Resource Center (“ITRC”), a non-profit organization dedicated exclusively to the prevention of identity theft, suggests that in 2009, while the government appeared to be improving data security, the protection of customers’ private information by some businesses may have worsened. The annual ITRC study is funded by the U.S. … Continue Reading

Update: California Supreme Court Agrees to Review Issue of Whether Collecting Customer Zip Codes and Reverse Data Mining for Additional Customer Information Violates California’s Song-Beverly Credit Card Act

If you or your company collect zip codes in California as part of a loyalty program or otherwise, and reverse data mine for additional customer information, you should be aware that the California Supreme Court recently granted a petition to review the issue of whether a retailer violates California’s Song-Beverly Credit Card Act if, in … Continue Reading

Recent Decisions Find In Favor of Insurance Coverage for “Blast Faxes”

Numerous class action suits have been brought over the past several years under the Telephone Consumer Protection Act (“TCPA”) against entities that fax unsolicited advertisements (so-called “blast faxes”) to individuals and businesses.  Companies facing such suits in turn have sought insurance coverage under their comprehensive general liability (“CGL”) policies for costs incurred defending TCPA suits, … Continue Reading