In exactly two months, the California Consumer Privacy Act (CCPA) takes effect. Many businesses are devoting resources to timely comply, but between the late rollout of the Attorney General’s draft regulations, recent amendments to the law, and a lack of consensus in the industry on interpretation of key CCPA terms, tackling compliance can be

Ad Law Access PodcastOn a new episode of the Ad Law Access PodcastAlex Schneider discusses the amendments to the California Consumer Privacy Act (CCPA) the California legislature voted to send to the California governor’s desk.

For additional information see the Ad Law Access blog posts:

Last week, the California legislature voted to send five amendments to the CCPA to the California governor’s desk.  The amendments include a one-year exemption for access and deletion rights to employee data and B2B communications; a provision exempting online-only businesses from operating a toll-free number to accept consumer requests; and a new mandate for data

Even in her extensive dissent, FTC Commissioner Rebecca Slaughter labeled the Order “exceptional.”

And it is.  The terms of the Federal Trade Commission’s (FTC) $5 billion, twenty-year settlement Order reached with Facebook on Wednesday is the agency’s most prescriptive privacy and data security agreement ever.  The Order comes just three days shy of the seventh

While businesses rightfully have been focused on preparing for the California Consumer Privacy Act (“CCPA”), the Nevada and Maine Legislatures have moved forward with legislation that, like the CCPA, features new requirements relating to the sale of consumer personal data. The Nevada bill, which was signed into law on May 29 and amends an existing

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

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

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

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

iStock_000019536561Large-300x225At 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 clarify the privacy requirements applicable to broadband ISPs pursuant to Section 222 of the Communications Act. The new rules also apply to voice services and treat call-detail records as “sensitive” in the context of voice services.

According to an FCC press release issued immediately after the meeting, these rules “establish a framework of customer consent required for ISPs to use and share their customers’ personal information that is calibrated to the sensitivity of the information.” The Commission further asserts that this approach is consistent with the existing privacy framework of the Federal Trade Commission (“FTC”).
Continue Reading FCC Votes to Impose Aggressive New Privacy Rules on Broadband Providers