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“Please Reconsider” – The Direct Marketing Industry Asks The FCC To Re-Think Its Position On TCPA Consents

By Lisa Nowlin and Matt Gibson on Nov 08, 2013
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?

By Sherrese Smith and Matt Gibson on Nov 06, 2013
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

By Lisa Nowlin on Nov 04, 2013
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

By Suzanne Horne on Nov 01, 2013
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

By Ryan Nier on Oct 24, 2013
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

By Sam Zun on Oct 01, 2013
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

By Adam M. Reich on Oct 01, 2013
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

California Gives its Teens the Right to Be Forgotten

By Mary-Elizabeth Hadley on Sep 30, 2013
California recently became the first state to enact legislation to provide web users under the age of 18 with the right to delete or remove content they have posted online. The law – entitled the Privacy Rights for California Minors in the Digital World – will take effect on January 1, 2015.

New Paul Hastings Partner To Address Changes To TCPA

By Behnam Dayanim on Sep 23, 2013
I am pleased to share that my newest partner, Sherrese Smith, will be participating in an American Bar Association webinar this Wednesday, September 25, from 3-4:30 pm EDT, to discuss the new FCC TCPA regulations taking effect in a few weeks.

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