On 6 March 2019, Democrats in the House and Senate introduced the “Save the Internet Act of 2019.” The three-page bill (1) repeals the FCC’s Restoring Internet Freedom Order released in early 2018, as adopted by the Republican-led FCC under Chairman Ajit Pai; (2) prohibits the FCC from reissuing the RIF Order or
FCC Grants Significant TCPA Relief to Energy Utilities and Schools
On August 4, 2016, the Federal Communications Commission (FCC) released a Declaratory Ruling granting in part two separate petitions that were filed last year – one by the Edison Electric Institute and American Gas Association, and another by Blackboard, Inc. – regarding application of the Telephone Consumer Protection Act of 1991 (TCPA) to certain types
TCPA Lawsuits are on the Rise. Do Your Marketing Campaigns Comply?
Lawsuits- class actions in particular- alleging violations of the Telephone Consumer Protection Act of 1991, 47 U.S.C. § 227 (“TCPA”) are on the rise. The Federal Communications Commission (“FCC”) has also been actively engaged in TCPA enforcement, and just last month released a Declaratory Ruling clarifying that sellers may be held vicariously liable for TCPA
Privacy Bill of Rights and Enforceable Codes of Conduct: The Evolving Privacy Landscape
The Obama Administration’s consumer data privacy framework released last month will impact companies’ data collection, use, and retention practices, and raises complex legal issues. As explained in a recent article by Keller and Heckman LLP, the notion of codes of conduct developed through a multistakeholder process, to be enforced by the Federal Trade Commission (“FTC”),
“Do Not Track” Continues to Gain Traction
Do you know whether and how your websites use “cookies” or other technologies to collect information from users and/or target advertising? Do you know what information is being collected and how it is being used? The Federal Trade Commission has endorsed an online “Do Not Track” mechanism, and recent inquiries, investigations, and lawsuits relating to
Privacy Lessons Learned From the Borders Group Bankruptcy
The privacy implications of the sale of the bankrupt Borders Group’s consumer database to Barnes & Noble have been a focus of the Federal Trade Commission (“FTC”), state Attorneys General, and lawmakers, and the transaction highlights the need for companies to carefully draft and periodically review their privacy notices to consumers.
Privacy notices
General Liability Insurance Policies and Cyber Attacks: Is Your Company Covered?
Companies should not assume that their general liability policies cover cyber attacks, and they should anticipate disputes from insurers when seeking defense and/or indemnity under these policies. This is illustrated by a Complaint filed by Zurich Insurance Company in the Supreme Court of New York against various Sony entities relating to claims for coverage after
Do You Know Your Service Providers’ Privacy and Data Security Practices?
One trend in recent months is an increase in class action lawsuits and government investigations following a major data breach that compromises personal information. This serves to remind companies not only of the repercussions of a data breach, but also the importance of taking stock in the data they collect and share and integrating privacy
You’ve Been Hacked. What Do You Do?
Online hacking, lost or stolen laptops, and improper disposal are just some of the ways that personal information that a company collects from customers and employees can get into the wrong hands and be used to commit identity theft. There are a variety of laws that dictate how companies must respond to a data breach,
The Case For a Federal Data Breach Notification Law
As evidenced by another congressional hearing on data security, the idea of a federal data breach notification law is something that both businesses and consumers can support. The concept has also attracted bipartisan support in Congress.
Following the string of online data breaches that Sony experienced in April and May- what Rep. Mary Bono Mack