Caveat Vendor

    Do Proposed #FDA Pharma Twitter Rules Violate the #FirstAmendment?

    by Devon Winkles on Sep 29, 2014
    Posted in
    • False Advertising
    • Regulation and Enforcement
    How many warnings can one 140-character tweet contain? Well, under the U.S. Food and Drug Administration’s proposed guidance for pharmaceutical promotion on Twitter and other character-limited platforms such as Google Sitelinks, we soon may find out.
    Full story

     


    Complex and Competing Data Privacy Considerations in Apple’s Move to Store Data in China

    by Ananda Martin on Sep 25, 2014
    Posted in
    • Regulation and Enforcement
    • Privacy and Security
    Apple’s announcement in mid-August that, for the first time, it would store user data in mainland China, highlights the growing complexity of preserving data privacy across multiple jurisdictions.
    Full story

     


    A Growing TCPA Storm: Courts Grapple with Jurisdictional Issues in TCPA Litigation

    by Matt Gibson on Sep 24, 2014
    Posted in
    • Regulation and Enforcement
    • Privacy and Security
    There’s a storm brewing, and it centers on a federal district court’s ability to question the validity of the FCC’s rules implementing the Telephone Consumer Protection Act (TCPA) in the context of class actions.
    Full story

     


    FTC Workshop on Big Data: Lots of Questions & a Few Answers

    by Mary-Elizabeth M. Hadley on Sep 18, 2014
    Posted in
    • Regulation and Enforcement
    • Privacy and Security
    This past Monday, September 15th, the Federal Trade Commission (“FTC” or “Commission”) hosted a public workshop entitled “Big Data: A Tool for Inclusion or Exclusion?” at which business and industry representatives, consumer advocates and academics gathered to explore the use of “big data” and its impact on American consumers.
    Full story

     


    Italian Data Privacy Law: The Recent Decision on Google

    by Francesca Petronio and Marilena Hyeraci on Sep 16, 2014
    Posted in
    • Regulation and Enforcement
    • Privacy and Security
    In its decision on the 10th of July 2014 the Italian Data Privacy Authority ruled that Google’s data privacy policy was not fully compliant with the requirements and conditions set forth by Italian data privacy laws and asked the company to implement further specific tools for processing the personal information collected and stored through its different services.
    Full story

     


    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.
    Full story

     


    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).
    Full story

     


    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).
    Full story

     


    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.
    Full story

     


    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.
    Full story