The Federal Communications Commission has ruled that companies may send a one-time text message to confirm that a subscriber has opted out of receiving text messages without violating the Telephone Consumer Protection Act (TCPA). In the FCC’s view, if a consumer has consented to receiving text messages and subsequently opts out, the consumer’s prior express … Continue Reading
Today, the Senate Judiciary Committee passed the much-discussed update to the Electronic Communications Privacy Act of 1986 and the Video Privacy Protection of 1988 (“VPPA”). The Committee adopted Senator Leahy’s manager’s amendment (which we discussed here), with a minor modification proposed by Senators Cornyn and Lee. Senator Feinstein also offered an amendment to the VPPA … Continue Reading
On 28 November 2012, following an 18-month investigation, the UK Information Commissioner’s Office (ICO) announced that it had fined the joint owners of Tetrus Telecoms (Tetrus) a total of £440,000 under the Privacy and Electronic Communications Regulations (PECR). The fine penalized Tetrus for sending millions of unsolicited text messages promoting opportunities to claim compensation for … Continue Reading
By Anna Kraus On Monday, the U.S. Department of Health and Human Services (HHS) released guidance on methods for de-identification of protected health information (PHI) in accordance with the Health Insurance Portability and Accountability Act (HIPAA) Privacy Rule. The guidance, which was required under Section 13424(c) of the Health Information Technology for Economic and Clinical … Continue Reading
Earlier today, Rep. Fred Upton (R-MI) was selected by his colleagues to continue to serve as Chairman of the U.S. House Committee on Energy and Commerce, the key House committee with jurisdiction over the Federal Trade Commission and the Federal Communications Commission. In addition, Rep. Upton announced that Rep. Lee Terry (R-NE) will take over … Continue Reading
On Thursday, the Senate Judiciary Committee reportedly will vote on Sen. Patrick Leahy’s bill that would amend the Electronic Communications Privacy Act (ECPA) and the Video Privacy Protection Act (VPPA). The bill would amend the VPPA by clarifying that a consumer may consent to the disclosure of her video viewing information “though an electronic means … Continue Reading
Speaking in Brussels yesterday on “Competition and Privacy in Markets of Data,” EU Competition Commissioner Joaquín Almunia observed that privacy is “becoming one of the central debates of our time.” Technological and commercial developments have strengthened companies’ ability and incentive to “gather, manipulate and trade personal data.” Because “personal data are a type of asset … Continue Reading
On Thursday, November 15, 2012, Judge Robert S. Lasnick of the Western District of Washington dismissed Del Vecchio v. Amazon, stating that the parties had reached a settlement, the details of which were not disclosed. The suit had alleged (among other things) that Amazon used Flash cookies to backup and “respawn” browser cookies that plaintiffs … Continue Reading
A U.S. district court has approved the Federal Trade Commission’s $22.5 million settlement with Google. The FTC had charged that Google misrepresented to users of Apple’s Safari browser that it would not place tracking cookies or serve targeted ads to those users, violating an earlier privacy settlement between the company and the FTC. The settlement is … Continue Reading
The National Labor Relations Board (NLRB) continues to be active in considering whether companies’ social media policies run afoul of U.S. labor laws. In the latest decision implementing the approach reflected in a series of NLRB reports analyzing employer social media policies under the National Labor Relations Act (NLRA), an administrative law judge found that it is impermissible … Continue Reading
The U.S. Supreme Court ruled on Tuesday that the federal government does not always lose its sovereign immunity to damages lawsuits claiming that an agency violated the Fair and Accurate Credit Transactions Act (“FACTA”) by printing the expiration date of a credit card on a receipt issued to a consumer. In a unanimous decision, authored … Continue Reading
Reps. Edward J. Markey (D-MA), Joe Barton (R-TX), and other Members of Congress recently expressed disappointment that responses to letters that they had sent to nine data brokerage firms offered “only a glimpse of the practices of an industry that has operated in the shadows for years.” In July, Reps. Markey, Barton, and other Members … Continue Reading
Nearly two years ago, the California Supreme Court held that requesting a customer’s ZIP code in connection with a credit card transaction violated the Song-Beverly Credit Card Act of 1971, a statute that prohibits businesses from recording a customer’s “personal identification information” (“PII”) as a condition of accepting a credit card payment. On Wednesday, the … Continue Reading
Last week, the Consumer Financial Protection Bureau (CFPB) announced that it had established a process for assisting consumers with credit reporting complaints. The CFPB previously had implemented similar processes for complaints relating to credit cards, mortgages, bank accounts and services, private student loans, vehicle, and other consumer loans. The complaint process is intended to complement the … Continue Reading
By Fredericka Argent On 26 October, 2012, Commissioner Viviane Reding, the Vice President of the European Commission, gave a speech in Luxembourg following the conclusion of a meeting of the Justice Council (a body of ministers representing Member State justice and home affairs departments, and part of the European Council). The speech covered a variety … Continue Reading
California Attorney General Kamala Harris has formally warned 100 app developers that their apps are not in compliance with the California Online Privacy Protection Act (OPPA). Harris has given these developers 30 days to come into compliance by “conspicuously post[ing] a privacy policy within their app that informs users of what personally identifiable information about … Continue Reading
