Category Archives: Privacy & Data Security

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Do Not Text: Payless Enters Into NonCash Class Action Settlement

Underage sexting and texting while driving aren’t the only text-related legal battles that are being fought out there. Text messaging by advertisers to consumers is also highly regulated. Companies should only send text messages to those consumers who have given their prior express consent to such text messages (pursuant to a recent FCC order such … Continue Reading

FTC Releases Final Report On Protecting Consumer Privacy

The Federal Trade Commission (“Commission” or “FTC”) released the much-anticipated final version of its report entitled “Protecting Consumer Privacy in an Era of Rapid Change” (“Final Report”), which sets forth legislative recommendations for policymakers concerning privacy and data security and best practices for business for addressing online and offline privacy concerns.  While not intended to … Continue Reading

Asking for ZIP Codes in NJ Could Get You in Trouble, but then again, So Could Not Asking

The Third Circuit’s decision in New Jersey Retail Merchants Association (“NJRMA”) has several important implications for gift card sellers, including compliance with abandoned property laws, which have been discussed here.  Less widely discussed is the potential conflict between NJRMA’s holding that gift card sellers must collect buyer ZIP codes and privacy restrictions contained in the … Continue Reading