Caveat Vendor

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.
“Expectorating” the Shell Doesn’t Spit Out the Liability
Every once in a while you can envision a judge smiling as he writes an opinion – either because the facts are interesting or because the issues provide an opportunity to spin a phrase that is just too good to pass up. Judge Silverman’s decision yesterday for the Ninth Circuit in Lilly v. ConAgra Foods, Inc., Case No. 12-55921, is one of those opinions.
Ninth Circuit Issues Important Case Interpreting Article III Requirements in Statutory Rights Cases
Today, the Ninth Circuit issued a decision that may have broad-reaching impact on litigation strategies in those cases. In Robins v. Spokeo, Inc., Case. No. 11-56843 (February 4, 2014), the Ninth Circuit held that in most circumstances, the allegation of a statutory violation will alone satisfy Article III’s pleading-stage standing requirement.
One More Time: FCC Seeks Public Comment on Request to Exempt “On Demand Texts” From New TCPA Regs
While readers may have thought that requests for clarification of the Federal Communications Commission’s (FCC) rules under the Telephone Consumer Protection Act (TCPA) had become passé, they have not. Earlier this week, the FCC released a new Public Notice in which the agency seeks comment on the Retail Industry Leaders Association’s (RILA) request for clarification whether an “on-demand text service” is subject to the FCC’s prior written consent rule that went into effect last October.
For Some Disease and Health-Related Claims, Two Trials Is Too Much, Says FTC Commissioner
Perhaps one of the most controversial changes in approach at the Federal Trade Commission in recent years has been the agency’s requirements for disease and health-related claims. Now there appears to be some dissent within the agency itself.
The Ordinary Course: A Look at Privacy Law Developments in the Google Cases
The Northern District of California is trying to untangle whether the Electronic Communications Privacy Act (ECPA) applies to behavioral advertising, and the results so far have been mixed. Companies that rely on revenue from targeted advertising to support their business model should take notice, because the outcomes of these two cases could have a big effect on privacy lawsuits.
Not Done Yet: The FCC Asks for Public Input on a Request to Exempt Package Delivery Notices from TCPA Consent Requirements
When it rains, it pours. Following yesterday’s post, the Federal Communications Commission (FCC) released another Public Notice, this time seeking comment on a proposal from the Cargo Airline Association (CAA) to establish criteria to exempt package delivery notification calls and texts to wireless numbers from the TCPA’s prior express consent requirement.
Another Week, Another TCPA Petition: FCC Seeks Comment on Treatment of User-Initiated SMS under TCPA
The déjà vu that you may be experiencing is to be expected. As readers are aware from our previous posts, following the Federal Communication Commission’s (FCC) implementation of new rules under the Telephone Consumer Protection Act (TCPA), several companies formally sought clarification of the FCC’s policies. The FCC still appears to be sifting through the petitions that it has received, and on December 2 it released a new Public Notice seeking comment on a Petition for Expedited Declaratory Ruling from a video messaging service provider, Glide Talk, Ltd. 
The FTC Workshop on Privacy, Security, and the Internet of Things
With the burgeoning “Internet of Things” comes a new set of consumer privacy and security issues, which were discussed in-depth at a recent FTC workshop on November 19, 2013.
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