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Caveat Vendor

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
California Gives its Teens the Right to Be Forgotten
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
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.
FCC’s New Rules On Telemarketing Calls Take Full Effect In October
The Telephone Consumer Protection Act of 1991 (TCPA), which was adopted by Congress to protect consumers from unwanted calls, is receiving a makeover, courtesy of the Federal Communications Commission. While some of these changes have already gone into effect, the final changes become effective on October 16 of this year.
Waiver As to One, Waiver As to All: California Court Says Pre-Certification Discovery Waives Rights to Compel Arbitration in Consumer Class Action Disputes
On September 13, 2013, in Morgan v. AT & T Wireless Services, Inc., Case No. B241242, 2013 WL 5034436 (Cal. Ct. App. Sept. 13, 2013), a California Court of Appeal reversed an order denying class certification, concluding that when a defendant waives its rights to compel arbitration, the waiver applies to the entire class. As a result, companies facing consumer class action lawsuits in California must be especially mindful of their discovery tactics if they intend to move to compel arbitration.
FTC No Fan of “Blurred Lines” When It Comes To Sponsored Ads
The FTC announced earlier this week that it will host a free workshop on December 4, 2013, to examine the increasingly common practice of blending digital ads with other content such as news and entertainment. The Commission seeks to ensure that this practice – known as “native advertising” or “sponsored content” – does not confuse or mislead consumers.
Revel Lawsuit Shows Ad Fine Print Isn’t Always a Safe Bet
While disclosures are useful for clarifying advertising claims and promotion terms, advertisers must be aware that they cannot use the “fine print” to contradict the main message of the advertisement.
When It Comes To Robocalls, Consent is Not Forever
In a precedent-setting decision, the United States Court of Appeals for the Third Circuit recently held that consumers have the right to revoke their express consent at any time under the Telephone Consumer Protection Act of 1991 (TCPA) in Gager v. Dell Financial Services.
Julie Brill, the Safe Harbor and the NSA: Unintended Consequences?
FTC Commissioner Julie Brill warned last week that the EU's data protection reform effort has targeted the US-EU Safe Harbor, and that outrage over revelations regarding NSA surveillance has endangered the program's continuation.
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