Caveat Vendor

    Call (and Record) Me, Maybe: Dismissal of Call-Recording Class Action May Signal Reduced Liability for Service Providers

    by Ryan Nier and Elizabeth Dorsi on Jul 24, 2014
    Posted in
    • Privacy and Security
    • Complex Litigation
    One of the formalities of many customer service calls is the prerecorded line now engrained in our heads: “This call may be monitored or recorded for quality assurance purposes.” The purpose underlying the business practice (known as “service-observing”) is obvious: call centers want to be able to monitor and/or record calls to help train their employees. The purpose behind the disclosure, however, is legal: while most states allow telephone calls to be recorded with the consent of one party to the call, twelve states require the consent of all parties.
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    9th Circuit Affirms that Taco Bell is Not Vicariously Liable for TCPA Violations

    by Matt Gibson on Jul 14, 2014
    Posted in
    • Privacy and Security
    • Regulation and Enforcement
    Shortly before the Independence Day weekend, the U.S. Court of Appeals for the Ninth Circuit released its unpublished decision in Thomas v. Taco Bell, in which it affirmed the district court’s determination that the restaurateur was not vicariously liable for a franchisee association’s alleged violations of the Telephone Consumer Protection Act (TCPA).
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    Death, Debt Collection and the TCPA: FCC Urges Second Circuit to Limit Scope of Son-in-Law’s Consent

    by Matt Gibson on Jul 14, 2014
    Posted in
    • Regulation and Enforcement
    • Privacy and Security
    At the end of June, the FCC responded to a request from the U.S. Court of Appeals for the Second Circuit and filed an amicus brief in Nigro v. Mercantile Adjustment Bureau to provide the agency’s views on the applicability of its regulations implementing the Telephone Consumer Protection Act (TCPA).
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    Cell Phones Are Not Like Pockets, Says SCOTUS

    by Behnam Dayanim on Jun 26, 2014
    Posted in
    • Privacy and Security
    • Complex Litigation
    The Supreme Court this week continued its foray into the implications of technology for the Fourth Amendment with a unanimous ruling that the government generally requires a warrant before it can search a cellphone seized in the course of an arrest.
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    Warrantless Cell Tracking Won’t Work . . . At Least Not in the Eleventh Circuit

    by Mary-Elizabeth Hadley on Jun 13, 2014
    Posted in
    • Privacy and Security
    • Complex Litigation
    The Eleventh Circuit, in a decision earlier this week, held that subscribers have a reasonable expectation of privacy in historical cell site location information such that obtaining that data without a warrant violates the Fourth Amendment.
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    Supreme Court OKs Lanham Act for Food Labeling, Despite FDCA

    by Devon Winkles on Jun 13, 2014
    Posted in
    • False Advertising
    • Complex Litigation
    Recent years have seen an explosion in food-based litigation. Although most of the litigation has been brought by consumers, on Thursday the Supreme Court opened the door to more litigation among competitors when it ruled that POM Wonderful’s Lanham Act challenge against Cola-Cola was not precluded by the Food Drug and Cosmetic Act (FDCA).
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    Possible New State Legislative Trend: Bans on Microbeads in Cosmetics and Other Personal Consumer Products

    by Adam Reich on Jun 11, 2014
    Posted in
    • Legislation
    • Consumer Protection
    Public outcry against plastic microbeads has reached a feverish pitch lately, with opponents decrying the non-biodegradable “plastic soup” that accumulates in waterways after microscopic plastics slip through screen holes at wastewater treatment plants.
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    Florida Revamps Data Breach Notification Law

    by Katie Sheridan on Jun 03, 2014
    Posted in
    • Privacy and Security
    • Legislation
    Florida Governor Rick Scott is expected soon to sign into law a recent bill toughening Florida’s data breach notification law. The law applies to commercial entities that collect, store or use personal information of Florida residents, wherever located.
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    The FTC’s Five Specific Recommendations to Limit Data Brokers: Spur to Action or Legislative Dead-End?

    by Behnam Dayanim and Michael London* on Jun 02, 2014
    Posted in
    • Regulation and Enforcement
    • Privacy and Security
    Last week, the Federal Trade Commission released its long anticipated report: Data Brokers: A Call for Transparency and Accountability. The FTC is the latest federal agency to demand increased transparency for the biggest collectors of personal information.
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    Clarifying California Law on Privacy Policies: California AG Issues New Guidance

    by Mary-Elizabeth M. Hadley on May 23, 2014
    Posted in
    • Regulation and Enforcement
    • Privacy and Security
    Earlier this week, California Attorney General (“AG”) Kamala Harris issued guidance to help companies comply with the recently-amended California Online Privacy Protection Act of 2003 (“CalOPPA”), Cal. Bus. & Prof. Code § 22575, including the law’s requirement that operators of commercial websites and online services (“operators”) disclose how they respond to “do not track” (or “DNT”) signals.
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