Caveat Vendor

FTC Proposes Ban on Telemarketers’ Use of Novel Payment Instruments
Last week, the FTC issued a Notice of Proposed Rulemaking (“NPR”) to amend the Telemarketing Sales Rule to ban sellers and telemarketers from using certain payment instruments as payment for telemarketing transactions. Payment instruments covered by the NPR include remotely-created checks and payment orders, cash-to-cash money transfers, and cash reload mechanisms.
Social Media Privacy – New Jersey Joins The Fray
Interestingly, the New Jersey law, which was revised to reflect objections raised by New Jersey’s governor, Chris Christie, includes some important limitations.
California’s Attorney General Foiled In First Foray On Mobile Privacy
California’s Attorney General Kamala Harris has made it a mission to challenge what she views as mobile app makers’ disregard for consumer privacy. Her weapon of choice in this campaign is California’s Online Privacy Protection Act, which requires businesses that collect personal information through websites and online services to post a privacy policy “conspicuously” on their websites (along with some other requirements).
State Attorneys General Step Up Scrutiny of Data Breaches
As we’ve previously blogged, privacy issues and litigation have become increasingly high priority and high visibility of late, as federal regulators and Congress push to update existing law or introduce new requirements, and plaintiffs’ attorneys continue to seek to certify privacy class actions. A request by the attorneys general of Maryland and Connecticut in response to a recent cyber-attack against an online company suggests that state authorities may become increasingly focused on this area as well.
Legislation To Permit Cyber-Intelligence Sharing: Why All The Fuss?
The White House recently joined a slew of privacy advocates in denouncing – and threatening to veto – the Cyber Intelligence Sharing and Protection Act (“CISPA”), H.R. 624, after it was passed by the U.S. House of Representatives in a 288-127 vote. All agree that legislation is needed to address deficiencies in existing law, but disputes remain over several key issues. The fate of reform now rests with the Senate, which like last year, has decided to draft its own information-sharing bill instead of considering CISPA.
FTC Releases Updated COPPA FAQs
FTC released revised COPPA FAQs last week, designed to respond to questions brought about as a result of changes to the Rule issued late last year. We previously wrote about the revised COPPA Rule in detail in January. So, what’s worth noting?
The Social Media Backlash Begins . . .
No, I’m not talking about the recriminations circling the mediasphere concerning the misinformation disseminated in the wake of the Boston Marathon attacks last week (although that might make for an interesting post).

Instead, I refer to an article that appeared in the Wall Street Journal yesterday reporting concerns voiced by the Financial Industry Regulatory Authority over recent state laws that prohibit employer monitoring of employees’ personal social media accounts.
No Right to Privacy in Peer-to-Peer File-Sharing
Last week, the Sixth Circuit Court of Appeals joined a growing number of courts that have found that there is no objectively reasonable expectation of privacy in files accessible through peer-to-peer file-sharing software like LimeWire.
Why a YouTube Video Continues to Affect Your Access to Online Banking
If you’ve noticed service interruptions on your bank’s website in recent months – you’re not alone. A number of U.S. banks have experienced “distributed denial of service” attacks by a group of “hacktivists” using cyberattacks as a way of protesting an anti-Muslim YouTube video.
Certification of Privacy Class: Harbinger of Things to Come?
It has become an article of faith among many that privacy class actions face difficult hurdles in obtaining certification. That doctrine may be about to change, however, if last week’s decision in the Northern District of Illinois is any indicator.
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