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Caveat Vendor

Scope of Stored Communications Act Continues to Be Defined: DOJ Says Companies Can Share Aggregated Cyber Threat Data
In a White Paper issued late last week, the Department of Justice (“DOJ”) asserted that the Stored Communications Act (“SCA”) does not prohibit network operators from voluntarily sharing aggregated non-content data with the government, provided that aggregated data does not reveal information about a particular customer or subscriber.
Going, Going, Not Gone – Snapchat Settles FTC Claims regarding Non-Disappearing Messages
Yesterday, Snapchat entered into a Consent Order with the Federal Trade Commission (“FTC”) regarding allegations that it deceived consumers because its messages (known as snaps) did not “disappear forever” after the user-set expiration period ended, as claimed.
Overseas Data Not Safe from U.S. Government Search Warrant Power
In a decision last week, U.S. Magistrate Judge James C. Francis IV in the Southern District of New York became the first to hold that the U.S. Government can obtain user data stored outside the United States through search warrants.
POM Decertification Wonderful for Class Defendants, Not So Sweet for Plaintiffs
As most pomegranate aficionados no doubt are aware, pomegranates sometimes can be sweet and sometimes a bit tangy. Well, for present and future class defendants in consumer products advertising litigation, POM Wonderful likely is tasting fairly sweet.
FTC Data Security Case Moves Forward
In a much-anticipated decision earlier this week, the U.S. District Court for the District of New Jersey affirmed the Federal Trade Commission’s authority to pursue data security concerns as unfair trade practices even in the absence of regulations setting out substantive security requirements. Check out our Stay Current for more information on the case and its holding.
Shades of Gray – Broad Definition of “Consent” Creates Formidable Obstacle to Privacy Class Claims
The Electronic Communications Privacy Act (“ECPA”) is a regular source of attention from plaintiff counsel eager to ground causes of action in the antiquated statute. As we have written, those efforts in recent years appear to have been gaining some traction.
FCC Takes First Steps to Clarify TCPA Rules
In a pair of rulings released late yesterday afternoon, the Federal Communications Commission (FCC) acted on a pair of petitions asking the agency to clarify its interpretation of the Telephone Consumer Protection Act of 1991 (TCPA) and the FCC's implementing regulations as they apply to the use of autodialing equipment to convey text-based, non-telemarketing notices to consumers.
Cybersecurity and Data Theft: Obama Cares
Check out our latest Stay Current discussing the Obama Administration’s Cybersecurity Framework and its implications for US business.
All You Need Is… Harm? SCOTUS Denies Cert To Eighth Circuit Opinion on Article III Standing
Not everyone can be heard in federal court. The gatekeeping function of Article III’s “injury-in-fact” requirement – which mandates that a plaintiff have suffered an ‘injury’ that is actual and concrete – is a well-established hurdle for plaintiffs seeking to get a foot in the door in federal court. This requirement, referred to as “standing,” can be particularly difficult for plaintiffs to meet in privacy cases, where they may struggle to articulate traditional economic or physical harm.
The Gift that Keeps on Giving: FTC Settles with Additional Text Marketers in Ongoing Gift Card Enforcement Sweep
Last week the Federal Trade Commission (FTC) added a new settlement to a string of recent victories in its year-long campaign against marketers that have allegedly used deceptive practices in sending text messages that promise “free” gift cards and other valuable merchandise.
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