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Caveat Vendor

Recent Song-Beverly Act Cases Highlight Divide Between Online and Offline Commerce
Since the California Supreme Court issued its highly-anticipated Song-Beverly Credit Card Act decision in February of this year, Apple v. Superior Court (Krescent), various courts in California have had the opportunity to apply Apple to Song-Beverly cases involving e-commerce issues.
Six Degrees of Separation: California Continues To Pull Away From the Pack With Six New Privacy Laws This Session
In our most recent Stay Current, we identify the key provisions of six new laws and potential penalties for non-compliance.
“Please Reconsider” – The Direct Marketing Industry Asks The FCC To Re-Think Its Position On TCPA Consents
On November 1st, the Federal Communications Commission (FCC) released a Public Notice seeking comment on two petitions requesting the agency to forbear from enforcing or clarify aspects of its TCPA regulations regarding prior express written consent, which went into effect on October 16.
Wheel of Fortune: New FCC Chair Wheeler To Take A Whirl at Privacy; How Will Industry Fare?
Now that Tom Wheeler has been sworn in as Chairman of the Federal Communications Commission (FCC), the communications industry is waiting for further signs about the direction of Chairman Wheeler’s regulatory agenda.
Important Developments for Telemarketers (and Their Clients) in FCC Regulations under the Telephone Consumer Protection Act
The Telephone Consumer Protection Act (TCPA) prescribes strict rules for how marketers can use telephones, facsimiles and texts to promote their products and services and the FCC’s new TCPA regulations tighten the screws on what is considered permissible.
Even More Radical Changes to EU Data Protection Regime May Be Delayed to 2015
The reforms to the EU data protection regime widely expected to be adopted in May 2014 before the European Parliamentary elections may now be delayed to 2015. EurActiv reports that the possible delay is due to efforts by the UK Government last week at a meeting of the European Council after it expressed concerns about the impact of the regulation on business.
EU On Data Privacy: One Tough Cookie
While US law has taken a very permissive approach to cookies – generally allowing their use absent nefarious purpose – the EU has taken a strikingly different approach which focuses on user consent.
New York’s Statutory Prohibition on “Surcharging” Credit Card Transactions Held Unconstitutional
A New York state law prohibiting retailers from assessing “surcharges” on transactions in which customers pay using a credit card has recently been held unconstitutional by a court in the Southern District of New York.
California Expands Data Breach Notification Requirements
As part of a recent flurry of legislative activity with respect to online privacy, on September 27, 2013, California enacted legislation that will dramatically expand the scope of personal data subject to its notification requirements in the event of breach.
The California Personal Privacy Initiative: A Potential Platform for New Consumer Class Actions in California
On September 26, 2013, the California Secretary of State set the stage for the enactment of yet another “consumer protection” statute in California, authorizing the commencement of signature-collection efforts for the California Personal Privacy Initiative (“CPPI
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