Earlier this month, we offered our analysis and takeaways from a Magistrate Judge’s decision that defendant Capital One was required to produce a third-party data breach assessment report as part of ongoing consumer...more
The FTC’s most recent COPPA enforcement action, announced on June 4 with app developer HyperBeard, provides evidence of an ongoing debate within the Commission about privacy harm and the role of monetary relief in the...more
FTC Bureau of Consumer Protection Director Andrew Smith this week published some helpful pointers for companies that are developing or using AI to support consumer-facing services. These pointers are drawn from past FTC...more
The CCPA grants the California Attorney General (AG) the authority to enforce the CCPA starting on July 1, 2020. Last month, the AG confirmed no intention to delay that enforcement date due to the COVID-19 pandemic, despite...more
On Wednesday, the California Attorney General (AG) released a third draft of proposed CCPA regulations for public comment. The draft contains a series of technical corrections, along with a handful of substantive incremental...more
3/12/2020
/ Attorney General ,
California Consumer Privacy Act (CCPA) ,
Consumer Privacy Rights ,
Corporate Counsel ,
Cybersecurity ,
Data Collection ,
Data Privacy ,
Data Protection ,
Data Security ,
Personal Information ,
Popular ,
Privacy Laws ,
Proposed Regulation
Kelley Drye’s Communications Practice Group presents this tracker of active Telephone Consumer Protection Act (“TCPA”) petitions before the Federal Communications Commission (“FCC”). With the recent increase in litigation...more
2/24/2020
/ ATDS ,
Auto-Dialed Calls ,
Cell Phones ,
Declaratory Rulings ,
FCC ,
Popular ,
Prior Express Consent ,
Robocalling ,
TCPA ,
Telecommunications ,
Telemarketing ,
Text Messages
California is not the only state focused on privacy. The New Jersey Attorney General’s Office recently emphasized how the Office is prioritizing its enforcement of such issues. Over its first year, the newly-created Data...more
Kelley Drye’s Communications Practice Group presents this tracker of active Telephone Consumer Protection Act (“TCPA”) petitions before the Federal Communications Commission (“FCC”). With the recent increase in litigation...more
11/14/2019
/ ATDS ,
Auto-Dialed Calls ,
Debt Collection ,
Declaratory Rulings ,
FCC ,
Popular ,
Prior Express Consent ,
Robocalling ,
TCPA ,
Telecommunications ,
Telemarketing ,
Text Messages
As privacy and personal data issues continue to be a focus of both legal action and media coverage, privacy policy statements are getting dusted off and reviewed by more eyes. Imprecise or inaccurate policy statements,...more
11/12/2019
/ California Consumer Privacy Act (CCPA) ,
Consumer Privacy Rights ,
Corporate Counsel ,
Cybersecurity ,
Data Collection ,
Data Privacy ,
Data Protection ,
Data Security ,
Personal Information ,
Popular ,
Privacy Laws ,
Private Right of Action
In exactly two months, the California Consumer Privacy Act (CCPA) takes effect. Many businesses are devoting resources to timely comply, but between the late rollout of the Attorney General’s draft regulations, recent...more
11/1/2019
/ California Consumer Privacy Act (CCPA) ,
Consumer Privacy Rights ,
Cybersecurity ,
Data Collection ,
Data Privacy ,
Data Protection ,
Data Security ,
Opt-Outs ,
Personal Information ,
Popular ,
Privacy Laws ,
Private Right of Action
FTC Commissioners Rebecca Kelly Slaughter and Christine S. Wilson recently sat down with Cameron Kerry at the Brookings Institution to discuss the FTC’s role in privacy. Although the Commissioners did not agree on everything,...more
Last week, the California legislature voted to send five amendments to the CCPA to the California governor’s desk. The amendments include a one-year exemption for access and deletion rights to employee data and B2B...more
9/16/2019
/ California Consumer Privacy Act (CCPA) ,
Consumer Privacy Rights ,
Cybersecurity ,
Data Collection ,
Data Privacy ,
Data Protection ,
Data Security ,
Personal Information ,
Popular ,
Privacy Laws ,
Right to Delete
Effective January 1, 2020, New Hampshire’s new Insurance Data Security Law will impose certain information security requirements on entities that (1) are licensed under the state’s insurance laws and (2) handle “nonpublic...more
Last week, the New York Attorney General’s Office announced that Bombas had agreed to pay $65,000 and implement a number of injunctive provisions to settle allegations that the sock startup failed to comply with the state’s...more
On January 10, 2019, Massachusetts Governor Charlie Baker signed into law the , which amends Massachusetts data breach reporting laws. The new law, available here, amends the timing and content of individual and regulator...more
Kelley Drye’s Communications Practice Group presents this tracker of active Telephone Consumer Protection Act (“TCPA”) petitions before the Federal Communications Commission (“FCC”). With the recent increase in litigation...more
Last week, the House Committee on Energy and Commerce held a Committee Hearing on the Oversight of the Federal Trade Commission. All five Commissioners attended and their message was largely the same: the FTC needs additional...more
Kelley Drye’s Communications Practice Group presents this tracker of active Telephone Consumer Protection Act (“TCPA”) petitions before the Federal Communications Commission (“FCC”). With the recent increase in litigation...more
7/19/2018
/ Auto-Dialed Calls ,
Declaratory Rulings ,
Exemptions ,
FCC ,
Mobile Devices ,
Opt-Outs ,
Popular ,
Prior Express Consent ,
Revocation ,
Robocalling ,
TCPA ,
Telemarketing ,
Text Messages
The FTC announced that it will accept comments and hold a series of public hearings on consumer protection, privacy, and competition policy and enforcement. The hearings will take place during fall and winter of this year...more
On May 29, Colorado Governor John Hickenlooper signed into law HB18-1128 to strengthen data breach notification requirements for companies and government entities collecting and maintaining personal information from Colorado...more
Less than one week after replacing the now defunct Article 29 Working Party (WP29), the European Data Protection Board (EDPB) has adopted new guidelines on the EU General Data Protection Regulation (GDPR) and issued a...more
Just when you think you’ve tackled the Wild, Wild West of GDPR and privacy compliance, California decides to mix it all up again.
This November 6th, California voters will decide on the California Consumer Privacy Act...more
You’ve probably heard of the dreaded four-letter word – GDPR. Companies around the globe had been preparing for the May 25th implementation date for quite some time. But U.S.-based companies with no apparent EU presence may...more
Kelley Drye’s Communications Practice Group presents this tracker of active Telephone Consumer Protection Act (“TCPA”) petitions before the Federal Communications Commission (“FCC”). With the recent increase in litigation...more
4/11/2018
/ Auto-Dialed Calls ,
Call Blocking ,
Declaratory Rulings ,
Exemptions ,
FCC ,
Opt-Outs ,
Popular ,
Prior Express Consent ,
Revocation ,
Robocalling ,
TCPA ,
Telemarketing ,
Text Messages ,
Wireless Industry
Just when you think you have it all under control, the data breach notification law landscape changes – again. Over the past few weeks, several data breach notification statutes were updated, including an effective date for...more