Category Archives: Consumer Privacy

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California Follows Vermont, Requires Data Broker Registration

Joining Vermont, California will now require data brokers to register with the California Attorney General. The law was signed October 11, 2019. It applies to companies that “knowingly” collect and sell personal information about consumers with whom they do not have a “direct relationship.” They must register with the AG by January 31, 2020.… Continue Reading

Modifications Under CCPA To Receipt of Consumer Requests

One of the CCPA amendments that has gone to the governor’s desk is AB 1564, which addresses the methods companies must make available to consumers to exercise their rights under CCPA. Businesses which operate exclusively online and have direct relationships with their consumers can (1) provide an email address for consumers to submit requests, and (2) … Continue Reading

Will More Clarity on Definition of ATDS Under TCPA Finally Be Here Soon?

The Sixth Circuit is the latest court to weigh in on the definition of ATDS under TCPA. The TCPA defines ATDS as equipment that has the capacity “to store or produce telephone numbers to be called, using a random or sequential number generator; and to dial such numbers.” Generally, the TCPA prohibits calls and text … Continue Reading

What To Do About Employees Under CCPA: An Update

One of the amendments we’ve been watching over the past months is one that impacts rights of employees —both the company’s and other company’s employees. Under AB25, which passed the California Senate and is now awaiting governor signature, companies will be (for a year) exempted from providing current and former employees, job applicants, and contractors … Continue Reading

Preparing for New York’s New Data Security Requirements

New York recently passed the SHIELD Act, which, among other things, newly establishes data security requirements for companies that collect private information about New York residents. The data security protections required by the Act go into effect in March 2020. Companies that are already subject to and compliant with data security requirements under HIPAA, GLBA, or … Continue Reading

Utility Provider Settles Call Recording Lawsuit for $3.7 Million

Tiger Natural Gas, Inc. recently settled a class action privacy suit alleging that it illegally recorded sales calls with over 27,000 potential customers. Although Tiger hired a third party to handle its telemarketing, Tiger will pay $3.7 million on the claims as the advertiser with ultimate liability for non-compliance. According to the plaintiffs, neither company … Continue Reading

Like a Butterfly, Will the CCPA Continue to Evolve?

California legislators have passed many bills to amend the California Consumer Protection Act since the law was passed. Last week there was significant developments in the status of those bills, as we reported. In addition to dropping the concept of a private right of action for non-breach matters, there are other key things to keep in mind. Some are … Continue Reading
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