Caveat Vendor

FCC Enters New Area of Privacy and Data Security Regulation with Proposed $10 Million Fine
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.
Certain Financial Institutions Can Save Money by Posting Privacy Notices Online, Says the CFPB
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.
TCPA Update: Second Circuit Agrees with FCC and Limits Scope of Son-In-Law’s Consent
Last week, the Second Circuit agreed with the FCC’s analysis in Nigro v. Mercantile Adjustment Bureau
FCC Seeks Public Input: Who Qualifies as a “Called Party” Under TCPA?
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.
TCPA Update: Eleventh Circuit Rejects District Court’s Attempt to Review the FCC’s Consent Policy for Debt Collection Calls
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.
Complex and Competing Data Privacy Considerations in Apple’s Move to Store Data in China
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.
A Growing TCPA Storm: Courts Grapple with Jurisdictional Issues in TCPA Litigation
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.
FTC Workshop on Big Data: Lots of Questions & a Few Answers
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.
Italian Data Privacy Law: The Recent Decision on Google
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.
Call (and Record) Me, Maybe: Dismissal of Call-Recording Class Action May Signal Reduced Liability for Service Providers
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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