Caveat Vendor

    Self-Regulatory Organization Enforcement Agreements Aim to Increase Transparency in Personalized Ads

    by Devon Winkles and Mary-Elizabeth M. Hadley on Nov 06, 2014
    Posted in
    • Regulation and Enforcement
    • Privacy and Security
    • False Advertising
    • Consumer Protection
    Last week, the Advertising Self-Regulatory Council’s Online Interest-Based Advertising Accountability Program released agreements with five website operators addressing their compliance with the Self-Regulatory Principles for Online Behavioral Advertising (“OBA Principles”).
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    FCC Enters New Area of Privacy and Data Security Regulation with Proposed $10 Million Fine

    by Matt Gibson on Oct 28, 2014
    Posted in
    • Regulation and Enforcement
    • Privacy and Security
    In a split vote last Friday, the Federal Communications Commission (FCC or Commission) invoked a seldom-used provision of the Communications Act and signaled its intent to impose a $10 million fine on two affiliated telecommunications carriers, TerraCom, Inc. and YourTel America, Inc., for allegedly failing to protect consumers’ personal information. By flexing previously unused statutory muscles, last week’s decision is a strong signal of the Commission’s desire to expand its role as a privacy and data security regulator. In particular, the Commission appears to be attempting to create an entirely new data breach notification requirement under federal communications law. Telecommunications carriers should take note.
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    Certain Financial Institutions Can Save Money by Posting Privacy Notices Online, Says the CFPB

    by Mary-Elizabeth M. Hadley on Oct 22, 2014
    Posted in
    • Regulation and Enforcement
    • Privacy and Security
    Earlier this week, the Consumer Financial Protection Bureau (CFPB or Bureau) issued a final rule permitting financial institutions to post privacy notices online – instead of distributing an annual copy by mail – but only if they comply with several important conditions.
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    TCPA Update: Second Circuit Agrees with FCC and Limits Scope of Son-In-Law’s Consent

    by Matt Gibson on Oct 20, 2014
    Posted in
    • Regulation and Enforcement
    • Privacy and Security
    Last week, the Second Circuit agreed with the FCC’s analysis in Nigro v. Mercantile Adjustment Bureau
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    FCC Seeks Public Input: Who Qualifies as a “Called Party” Under TCPA?

    by Matt Gibson on Oct 20, 2014
    Posted in
    • Regulation and Enforcement
    • Privacy and Security
    Last week, the Federal Communications Commission (FCC) released a Public Notice announcing that it was seeking comment on a Petition for Declaratory Ruling that the Consumer Bankers Association (CBA) filed in September.
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    TCPA Update: Eleventh Circuit Rejects District Court’s Attempt to Review the FCC’s Consent Policy for Debt Collection Calls

    by Matt Gibson on Oct 08, 2014
    Posted in
    • Privacy and Security
    • Regulation and Enforcement
    Sometimes weather looks threatening, but the rain never falls. Such is the case with our recent post discussing a cluster of cases addressing whether federal district courts have the authority to consider the validity of the FCC’s debt collection consent policy under its Telephone Customer Protection Act rules.
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    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.
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    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.
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    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.
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    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.
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