Category Archives: Consumer Privacy

Subscribe to Consumer Privacy RSS Feed

Federal Court Curbs FCC Robocall Restrictions

The Court of Appeals for the District of Columbia Circuit recently set aside two key provisions of the Federal Communication Commission’s Declaratory Ruling and Order issued in 2015. Namely, the FCC’s definition of autodialing equipment covered by the TCPA and its approach to reassigned telephone numbers. The ruling has been seen as a major victory … Continue Reading

Privacy, Data Security, and Your Board: Day Five

In our final installment on privacy, cyber security, and your board, we look at privacy and cyber issues in M&A. So you are thinking about acquiring a new entity? Divesting of current one? Due diligence will need to be conducted to best understand and evaluate privacy and data security issues and risks. Your board will … Continue Reading

Privacy, Data Security, and Your Board: Day Four

In our fourth installment of privacy, data (cyber) security, and your board, we look at crisis management and data breach issues. As part of providing appropriate duty of care and oversight, board members will want to ensure that the company has an incident response plan in place. They should review and understand the plan. They … Continue Reading

Privacy, Data Security, and Your Board: Day Three

In our ongoing conversation about privacy, data security and your board, we turn next to cyber insurance and vendor management. Boards, when executing their duty of care, should keep in mind that while there may be some coverage for data incidents under a company’s CGL and D&O policies, there may be significant gaps in coverage … Continue Reading

Car Dealer’s Attempt to Crash Data Privacy Class Action Sputters Out

A Texas court recently affirmed the vitality of potential nationwide class actions brought under the federal Driver’s Privacy Protection Act (“DPPA”), in a case brought by an individual whose personal information had allegedly been obtained illegally from the Texas DMV database. The case was filed by a local individual, Arthur Lopez, who complained of getting … Continue Reading

How to Prepare Interest-Based Video Ads for the April 1 Deadline

The Better Business Bureau’s Online Interest Based Advertising Accountability Program announced that that it will require interest-based video ads to provide notice and choice to viewers as of April 1, 2018, as we reported in our Advertising blog, in compliance with the Digital Advertising Alliance’s self-regulatory principles for interest-based advertising. As providers of interest-based video … Continue Reading

2018: The Year of the FTC and Informational Injuries?

What constitutes actionable consumer injuries post-breach or data misuse is a hotly contested topic. As we reported in our Advertising blog late last year the FTC hosted a workshop on December 12th to look at the issue. A large focus during the workshop was what constitutes harm to consumers. While there is a school of thought that … Continue Reading

ESPN Knocks VPPA Suit Out Of The Park

The Ninth Circuit recently joined the Third Circuit in defining PII under the VPPA as “information that would readily permit an ordinary person to identify a specific individual’s video-watching behavior.” In the case, Eichenberger v. ESPN, Inc., the court found that because an ordinary person could not have identified the plaintiff from the information ESPN … Continue Reading

France Joins Others, Enforces Against Connected Toys

France’s data protection commissioner joins others in taking action against toymaker Genesis Toys related to its popular internet-connected toys My Friend Cayla and i-Que Robot. Last December, a number of consumer groups filed complaints with regulators in the U.S. and Europe raising privacy and security concerns about the toys. The groups asserted that the toys … Continue Reading
LexBlog