Caveat Vendor

FTC Releases Second Set of COPPA FAQs: Here Are Some Highlights
The Federal Trade Commission (“FTC”) recently issued supplemental guidance on the Children’s Online Privacy Protection Act (“COPPA”) in the form of updated answers to FAQs.
Fifth Circuit Says “We’re Not New Jersey” (Or “We Don’t Need No Stinking Warrant”*)
Loyal blog readers may recall my post of two weeks ago in which I discussed a decision by the New Jersey Supreme Court holding that cell phone location data implicates privacy concerns under that state’s constitution. You may also recall my observation that at the federal level the same question had yielded differing responses.
NTIA Code Requires Disclosure of Information Collection Practices Before App Downloads
On July 25, 2013, the National Telecommunications and Information Administration released a draft document entitled the “Short Form Notice Code of Conduct to Promote Transparency in Mobile App Practices” (“the Code”), designed “to provide consumers enhanced transparency about the data collection and sharing practices of apps that consumers use.” The Code incorporates feedback and guidance based on a yearlong negotiation process involving privacy, civil liberties and consumer advocates, in addition to app developers and publishers, among others, and is designed to “help consumers compare and contrast data practices of apps.”
Ninth Circuit Slams Conditional Incentive Awards in Class Action Settlement
Defendants negotiating class action settlements should be careful when agreeing to reward named plaintiffs more than the rest of a class, especially when plaintiffs try to get creative.
The Garden State Says "Hands Off My Cell Phone Data"
New Jersey's Supreme Court last week held that New Jersey citizens have a (state) constitutional right to privacy in their cell-phone location information. As a result, a warrant based on a finding of probable cause is required before that information can be obtained. Good for New Jersey - what about the rest of the country?
Policing Mobile Apps Remains Top Priority for California’s Attorney General
As we mentioned in a previous blog post, the California Attorney General’s Office has prioritized mobile app privacy in its recent efforts to enforce the California Online Privacy Protection Act (“CalOPPA”). CalOPPA requires operators of commercial websites or other online services that collect personal information of California consumers to “conspicuously post” their privacy policy.
Supreme Court to Decide Constitutionality of Recess Appointments
On Monday, the Supreme Court granted review of the D.C. Circuit’s recent decision invalidating President Obama’s recess appointment of three members of the National Labor Relations Board (“NLRB”).
Attention Bargain Shoppers: When a Sale Really Is Too Good To Be True
According to a recent Ninth Circuit decision, merchants displaying incorrect or out-of-date “original” or “regular” pricing information for sale merchandise may be liable for false advertising, even though a consumer received the precise product desired at a price the consumer was willing to pay.
FinCEN Virtual Currencies Guidance Already Shaking Up Online Currency Exchanges
On March 18, 2013, the Financial Crimes Enforcement Network (“FinCEN”) issued its first guidance addressing application of its money service business (“MSB”) regulations to virtual currencies
Small Case, Big Impact: CFPB Cracks Down on “Abusive” Practices Under Dodd-Frank
Last week, the Consumer Financial Protection Bureau (“CFPB”) reached an agreement with a Florida debt collection company to settle the agency’s first case involving “abusive” acts or practices prohibited by the Dodd-Frank Act (“DFA”). The agreement has broad implications for entities subject to the CFPB’s enforcement authority and indicates how the regulatory landscape may be shifting with respect to consumer protection enforcement actions.
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