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Caveat Vendor

Overseas Data Not Safe from U.S. Government Search Warrant Power
In a decision last week, U.S. Magistrate Judge James C. Francis IV in the Southern District of New York became the first to hold that the U.S. Government can obtain user data stored outside the United States through search warrants.
FTC Data Security Case Moves Forward
In a much-anticipated decision earlier this week, the U.S. District Court for the District of New Jersey affirmed the Federal Trade Commission’s authority to pursue data security concerns as unfair trade practices even in the absence of regulations setting out substantive security requirements. Check out our Stay Current for more information on the case and its holding.
Shades of Gray – Broad Definition of “Consent” Creates Formidable Obstacle to Privacy Class Claims
The Electronic Communications Privacy Act (“ECPA”) is a regular source of attention from plaintiff counsel eager to ground causes of action in the antiquated statute. As we have written, those efforts in recent years appear to have been gaining some traction.
FCC Takes First Steps to Clarify TCPA Rules
In a pair of rulings released late yesterday afternoon, the Federal Communications Commission (FCC) acted on a pair of petitions asking the agency to clarify its interpretation of the Telephone Consumer Protection Act of 1991 (TCPA) and the FCC's implementing regulations as they apply to the use of autodialing equipment to convey text-based, non-telemarketing notices to consumers.
Cybersecurity and Data Theft: Obama Cares
Check out our latest Stay Current discussing the Obama Administration’s Cybersecurity Framework and its implications for US business.
All You Need Is… Harm? SCOTUS Denies Cert To Eighth Circuit Opinion on Article III Standing
Not everyone can be heard in federal court. The gatekeeping function of Article III’s “injury-in-fact” requirement – which mandates that a plaintiff have suffered an ‘injury’ that is actual and concrete – is a well-established hurdle for plaintiffs seeking to get a foot in the door in federal court. This requirement, referred to as “standing,” can be particularly difficult for plaintiffs to meet in privacy cases, where they may struggle to articulate traditional economic or physical harm.
The Gift that Keeps on Giving: FTC Settles with Additional Text Marketers in Ongoing Gift Card Enforcement Sweep
Last week the Federal Trade Commission (FTC) added a new settlement to a string of recent victories in its year-long campaign against marketers that have allegedly used deceptive practices in sending text messages that promise “free” gift cards and other valuable merchandise.
Ninth Circuit Issues Important Case Interpreting Article III Requirements in Statutory Rights Cases
Today, the Ninth Circuit issued a decision that may have broad-reaching impact on litigation strategies in those cases. In Robins v. Spokeo, Inc., Case. No. 11-56843 (February 4, 2014), the Ninth Circuit held that in most circumstances, the allegation of a statutory violation will alone satisfy Article III’s pleading-stage standing requirement.
One More Time: FCC Seeks Public Comment on Request to Exempt “On Demand Texts” From New TCPA Regs
While readers may have thought that requests for clarification of the Federal Communications Commission’s (FCC) rules under the Telephone Consumer Protection Act (TCPA) had become passé, they have not. Earlier this week, the FCC released a new Public Notice in which the agency seeks comment on the Retail Industry Leaders Association’s (RILA) request for clarification whether an “on-demand text service” is subject to the FCC’s prior written consent rule that went into effect last October.
The Ordinary Course: A Look at Privacy Law Developments in the Google Cases
The Northern District of California is trying to untangle whether the Electronic Communications Privacy Act (ECPA) applies to behavioral advertising, and the results so far have been mixed. Companies that rely on revenue from targeted advertising to support their business model should take notice, because the outcomes of these two cases could have a big effect on privacy lawsuits.
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