Category Archives: Privacy & Data Security

Subscribe to Privacy & Data Security RSS Feed

States Win and E-Retailers Lose as U.S. Supreme Court Alters Sales Tax Collection Standard

States can now require internet retailers to collect sales taxes even if the retailer has no physical presence in the state. In South Dakota v. Wayfair, the Supreme Court overturned its 1992 decision in Quill Corporation v. North Dakota, which limited a state’s ability to impose its sales tax on an out-of-state retailer. In Quill … Continue Reading

Dose of Relief for Healthcare Entities: Second Circuit Finds Hospital Had Sufficient Consent Under the TCPA

Some people really do not like being told to get a flu shot and, in Latner v. Mount Sinai Health System, Inc., 2018 WL 265085 (2d Cir. amended decision Jan. 9, 2018), a man sued his hospital over it. Well, not exactly. Plaintiff Daniel Latner claimed that a text message sent by a third party … Continue Reading

What’s the Federal Trade Commission Been Up to Recently?

A change in administration inevitably raises questions regarding the priorities and direction of federal agencies. To help set the record straight, Lesley Fair, a Senior Attorney with the Federal Trade Commission’s (FTC or Commission), Bureau of Consumer Protection, reminded us during last week’s NAD Annual Conference that the FTC has kept quite busy over the last … Continue Reading

Are You Prepared for the Legal Issues of Augmented Reality?

Virtual reality (VR) and augmented reality (AR) are now considered mainstream technologies, and if your company is not yet using them, it will be. AR has the ability to blur the lines between reality and computer-generated information, whereas VR is further along the spectrum of computer-generated content and involves the creation of an immersive, wholly … Continue Reading

FTC Updates COPPA Guidance for IoT and New Consent Options

On June 21, 2017, the Federal Trade Commission (FTC) updated one of its Children’s Online Privacy Protection Act (COPPA) compliance guides for businesses. Known as the “Six-Step Compliance Plan,” this document provides a step-by-step road map for determining if a company is covered by COPPA and what to do to comply. COPPA applies to operators … Continue Reading

Digital Media Link, May 2017 – A Focus on Augmented and Virtual Reality

In the most recent edition of Digital Media Link, we explore the legal issues surrounding new technologies, with a particular focus on augmented and virtual reality. As we have seen time and again, new technologies do not necessarily mean new statutes or case law, which usually are slow to catch up. What is a lawyer … Continue Reading

Ransomware Cyberattacks: How to Minimize Your Risks

On Friday, an unprecedented cyberattack affected a large number of Microsoft Windows-based computers through a type of malware known as ransomware. Although ransomware has been increasingly prevalent over the last few years, this particular version, called “WannaCry,” spread quickly and widely around the world. Many believe that the cyberattack will continue. Ransomware is generally spread … Continue Reading

Keep Calm and Carry On: Data Protection Post Brexit

Brexit is likely to cause years of future uncertainty around data protection, including the legal mechanisms for data transfer to countries outside of the United Kingdom (“U.K.”). In the short term, there will be little to no impact on existing data transfer solutions implemented by companies that rely on the U.K. as an entry point into … Continue Reading

Debt Collection Tops 2015 List of Most Common Consumer Complaints

The Federal Trade Commission (“FTC”) has just released its Annual Summary of Consumer Complaints, and debt collection (29%), identity theft (16%), and imposter scams (11%) top the list of the most common categories of consumer complaints. The Consumer Sentinel Network Data Book is produced every year from complaints received by the FTC’s Consumer Sentinel Network, … Continue Reading

Guidelines for Negotiating Online Advertising Arrangements

Even in this age of online, social media and mobile advertising, advertisers continue to look to advertising agencies or other outside service providers for assistance. Agencies today are not only assisting with development of digital creative materials, but also with advertisement placement, serving, and delivery. However, today more than ever you are your brother’s (or sister’s) … Continue Reading

The TCPA and Confirmatory Opt Out Text Messages

Earlier this summer, a federal judge in the Southern District of California dismissed a potential class action suit against Redbox over the movie rental company’s use of confirmations for opt-out text messaging. Judge Dana Sabraw agreed with Redbox that a declaratory ruling from the FCC in November 2012 had held that confirmatory, noncommercial text messages … Continue Reading

Attention Marketers: Are You Ready for the FCC’s New Rule for Calling and Texting Cell Phones?

In a few short months, revised FCC rules for calling or texting cell phones will take effect, creating new potential pitfalls for telemarketers that call or text cell phones.  For marketers, the revised rules command heightened attention, as the Center for Disease Control in 2012 estimated that over half of Americans either do not have … Continue Reading

Chairwoman Ramirez Names FTC Veteran as New Consumer Protection Bureau Director

On Monday, June 17, Federal Trade Commission (FTC) Chairwoman Edith Ramirez named Jessica Rich as Director of the Bureau of Consumer Protection.  No stranger to the FTC, Rich has served in a variety of commission leadership roles for over a decade.  Rich was the Bureau’s Deputy Director from November 2009 to January 2012.  Since then, … Continue Reading

Upcoming Panel: “Countdown to the New COPPA”

The Clock Is Ticking – Is COPPA Compliance a “Mission Impossible”? On July 1, 2013, sweeping new regulations for marketing to children take effect. In updating the Children’s Online Privacy Protection Act (COPPA) Rule, the Federal Trade Commission (FTC) has extended its reach to new businesses and new information. In this upcoming session presented by … Continue Reading

California’s Song-Beverly Credit Card Act Does Not Apply to Online Downloadable Purchases

For now, online retailers can rest assured that they are not liable under California’s Song-Beverly Credit Card Act if they require customers to enter their addresses or phone numbers in order to complete downloadable online purchases.  On February 4, 2013, the California Supreme Court held in Apple Inc. v. Superior Court (Krescent) that the Credit … Continue Reading

Upcoming Panel: “COPPA: The Final Word”

On July 1, 2013, sweeping new regulations for marketing to children take effect.  (See details here).  In updating the Children’s Online Privacy Protection Act (COPPA) Rule, the Federal Trade Commission has extended its reach to new businesses and new information.  Even if you were safe in the past, you may not be in this brave … Continue Reading

It’s Beginning to Look a Lot Like… COPPA

Just in time for Christmas, the Federal Trade Commission (“FTC”) has unveiled its long-anticipated update to the Children’s Online Privacy Protection Rule (“COPPA Rule”).  The COPPA Rule, which has been in place since 1999, imposes a variety of privacy requirements on “operators” of websites and online services that are “directed to children” under 13 or … Continue Reading

Ensuring Privacy and Compliance in the World of Children’s Apps: A Brief Guide to the FTC’s Second Report on Mobile Apps for Kids

The children were nestled all snug in their beds, while visions of Angry Birds® danc’d in their heads, And Mama with her iPad®, and I with my Nook®, just stared at the screens, all chatting forsook… No one can deny the prominent role electronic devices play in our daily lives, and children, unsurprisingly, have jumped … Continue Reading

Federal Trade Commission Looks at “The Big Picture”

Carrying out a plan announced earlier this year, the Federal Trade Commission (“FTC”) convened a day-long public workshop on “The Big Picture: Comprehensive Online Data Collection” on December 6, 2012.  The workshop was intended to examine the practices and privacy implications of “comprehensive” data collection about consumers’ online activities.  Data collection capabilities of entities like … Continue Reading

FTC to Apps: “We’ve Got a Guide for That”

Mobile apps are off the hook! For those of us a bit older, the world clearly is “Going Mobile.” Just this week, the White House launched its new mobile app, the Pew Research center released a study on Americans’ privacy concerns with apps, Angry Birds marked Freddie Mercury’s birthday by giving him a cameo appearance … Continue Reading

FTC Modifies COPPA Rule Proposal

The Federal Trade Commission (“FTC”) has released a new set of proposed amendments in its ongoing review of its Children’s Online Privacy Protection Act (“COPPA”) regulations. These amendments would alter key definitions in the COPPA regulations, modifying the FTC’s original proposal from September 2011. If finalized, the FTC’s proposals to date will significantly change who … Continue Reading

A Short History Of The FTC’s “In Short: Advertising and Privacy Disclosures in a Digital World” Workshop

Yesterday, the FTC convened a day-long public workshop to discuss updating its “Dot Com Disclosures” guidance on presenting online advertising disclosures. The FTC is considering whether it should overhaul this guidance, which dates to 2000, to address current trends such as social media and mobile advertising. The workshop also included a panel devoted to mobile privacy disclosures. … Continue Reading