Morgan Kennedy

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FTC Issues Warning Letters to App Developers Using Technology That Could Monitor What Users Watch on TV

Yesterday, the Federal Trade Commission (“FTC”) announced that it issued warning letters to mobile app developers that installed software created by an entity called Silverpush that could allow third parties to monitor the television-viewing habits of consumers who have downloaded the mobile apps of those developers.  The letters were sent to 12 developers whose apps … Continue Reading

Ninth Circuit Hears FTC’s Throttling Case Against AT&T

Earlier this week, the Ninth Circuit heard oral argument in AT&T’s appeal of a lower court decision to not dismiss the Federal Trade Commission’s (FTC’s) complaint alleging that AT&T misled consumers by limiting its “unlimited” data plan for mobile customers. As we previously reported, in October 2014 the FTC filed a complaint alleging that AT&T … Continue Reading

Web Standards Group Releases Candidate Recommendation As Part of Broader “Do Not Track” Review

As part of its broader effort to develop a “Do Not Track” (DNT) web browser privacy standard, the World Wide Web Consortium (“W3C”), an international organization that develops Internet standards, recently released a draft of one technical component of the standard to gather implementation experience from the developer community.… Continue Reading

Supreme Court to Consider Whether A Settlement Offer for Complete Relief Moots a Plaintiff’s TCPA Claim

Yesterday, the U.S. Supreme Court granted certiorari and agreed to consider Campbell-Ewald Company v. Gomez, in which the U.S. Court of Appeals for the Ninth Circuit held that a consumer’s failure to accept an advertiser’s settlement offer that would fully satisfy the consumer’s claim did not render moot either the consumer’s individual claim under the … Continue Reading

Digital Advertising Alliance Will Begin Enforcing its Mobile Guidance September 1, 2015

The Digital Advertising Alliance (DAA), a consortium of the nation’s largest media and marketing associations that has established self-regulatory standards for online behavioral advertising, announced on May 7 that the Council of Better Business Bureaus and the Direct Marketing Association will begin enforcement of the Application of Self-Regulatory Principles to the Mobile Environment (DAA Mobile … Continue Reading

Supreme Court to Consider Whether Actual Harm is Required to Recover Under the Fair Credit Reporting Act

On Monday, the U.S. Supreme Court granted certiorari and agreed to consider Robins v. Spokeo, Inc., in which the U.S. Court of Appeals for the Ninth Circuit held that Thomas Robins had adequately alleged Article III standing to sue website operator Spokeo, Inc. (“Spokeo”) under the Fair Credit Reporting Act (FCRA), 15 U.S.C. § 1681 … Continue Reading

FCC’s Agenda for April 28th Broadband Consumer Privacy Public Workshop

The FCC has announced its agenda and panelists for its public workshop on protecting the privacy of consumers who use broadband Internet access services, which will be held on April 28. FCC Chairman Tom Wheeler will give opening remarks and Matt Blaze, Associate Professor of Computer and Information Science at the University of Pennsylvania, will … Continue Reading

AT&T Court Narrowly Interprets FTC Common Carrier Exception and Permits Throttling Case To Go Forward, Addresses Net Neutrality Issue

As we previously reported, in January AT&T filed a Motion to Dismiss the Federal Trade Commission’s (FTC’s) complaint alleging that AT&T engaged in unfair and deceptive conduct in violation of Section 5 of the FTC Act when it “throttled” mobile broadband subscribers who were “grandfathered” into the company’s unlimited mobile data plan.  AT&T moved to … Continue Reading

AT&T: FTC Lacks Jurisdiction Even Under “Activity-Based” Interpretation of the Common Carrier Exemption

Last week AT&T filed a Reply in support of its Motion to Dismiss challenging the Federal Trade Commission’s (FTC’s) attempt to exercise jurisdiction over the company pursuant to Section 5 of the FTC Act. As we previously reported, the FTC filed a complaint against AT&T alleging that the company misled consumers by reducing the data … Continue Reading

FTC Says Common Carrier Exemption to Section 5 Jurisdiction is Activity-Based, Not Status-Based

Last week the Federal Trade Commission (FTC) opposed a Motion to Dismiss filed by AT&T that challenged the FTC’s attempt to exercise jurisdiction over the company in connection with certain of its mobile broadband service activities. As we previously reported, the FTC filed a complaint against AT&T in late 2014 alleging that AT&T engaged in … Continue Reading

White House Issues Report on Big Data and Differential Pricing

Yesterday the White House released a report discussing how companies are using big data to charge different prices to different customers, a practice known as price discrimination or differential pricing.  The report describes the benefits of big data for sellers and buyers alike, and concludes that many concerns raised by big data and differential pricing … Continue Reading

Connected Cars and Other Web-Connected Devices

Last week, a group of privacy experts, including regulators and representatives of the automobile and consumer electronics industries, spoke at a Continuing Legal Education Program hosted by the Federal Communications Bar Association.  The panel discussed, among other things, the relatively new set of privacy principles that has been developed for vehicle technologies and services, which … Continue Reading

AT&T Challenges FTC Jurisdiction Over Non-Common Carrier Activities of Common Carriers

As we previously reported, in October 2014 the Federal Trade Commission (FTC) filed a complaint against AT&T in federal court alleging that AT&T’s “throttling” practices for mobile broadband subscribers who were “grandfathered” into the company’s unlimited mobile data plan were unfair and deceptive in violation of Section 5 of the FTC Act.  On Monday, AT&T … Continue Reading

FTC Alleges TRUSTe’s Certified Privacy Seals Misled Consumers

Last week, TRUSTe, Inc. (“TRUSTe”) settled Federal Trade Commission (“FTC”) charges that it misrepresented its certification programs and non-profit status to consumers.  TRUSTe offers clients Certified Privacy Seals, representing to consumers that the website, software, data processing service, or mobile application is compliant with the relevant TRUSTe program.  These programs include specifications related to transparency … Continue Reading

FTC Says AT&T Fails to Deliver on ‘Unlimited’ Data Promises

Yesterday, the Federal Trade Commission (FTC) filed a complaint against AT&T alleging that the company misled consumers by limiting its “unlimited” data plan for mobile customers. The FTC’s two-count complaint, which was filed in the U.S. District Court for the Northern District of California, alleges that AT&T violated Section 5 of the FTC Act, which … Continue Reading

FDA Releases Final Guidance on Cybersecurity in Medical Devices, Public Workshop to Follow on October 21-22, 2014

On October 2, 2014, the Food and Drug Administration (FDA) released a final guidance document titled “Content of Premarket Submissions for Management of Cybersecurity in Medical Devices”.  The FDA said that the “need for effective cybersecurity to assure medical device functionality and safety has become more important with the increasing use of wireless, Internet- and … Continue Reading

Ponemon Institute Releases Second Annual Study on Data Breach Preparedness

The second annual study on data breach preparedness was released by the Ponemon Institute on September 24, and the study indicates that the number of companies that have had a data breach is on the rise. Ponemon Institute conducts independent research on privacy, data protection, and information security policy.  For the September 2014 study, Is … Continue Reading

Forever 21 Faces Point-of-Sale Data Collection Class Action Lawsuit

Fast fashion retailer Forever 21 Retail Inc. faces a putative class action lawsuit alleging that the retailer violated California law by requesting and recording shoppers’ credit card numbers and personal identification information at the point-of-sale. Forever 21 shopper Tamar Estanboulian filed the lawsuit on September 7 in U.S. District Court for the Central District of … Continue Reading

Google to Refund Consumers at Least $19 Million to Settle FTC Complaint It Unlawfully Billed Parents for Children’s Unauthorized In-App Charges

The Federal Trade Commission (“FTC”) announced on Thursday, September 4 that Google has agreed to settle charges and refund no less than $19 million to consumers whose children were allegedly deceived into making mobile purchases through the Android app store. Google offers thousands of apps for free or a specific dollar amount through its Google … Continue Reading

Annual FCC CPNI Certification Due by March 1

Yesterday, the Federal Communications Commission’s (FCC’s) Enforcement Bureau issued a reminder that annual CPNI certifications for calendar year 2013 must be filed with the FCC by March 1, 2014. The FCC requires telecommunications service providers (including paging providers, commercial mobile radio services providers, and calling card providers) and interconnected VoIP service providers to file an … Continue Reading

GAO: Congress Should Consider Strengthening the Current Consumer Privacy Framework

On November 15, 2013, the Government Accountability Office (GAO) released a report entitled Information Resellers: Consumer Privacy Framework Needs to Reflect Changes in Technology and the Marketplace.  In the report, the GAO finds that the applicability of the primary federal privacy and data security laws — such as the Fair Credit Reporting Act (FCRA), Gramm-Leach-Bliley … Continue Reading
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