On March 7, 2016, the Enforcement Bureau of the Federal Communications Commission (FCC) entered into a Consent Decree with Verizon Wireless relating to the company’s use of Unique Identifier Headers (UIDH) for targeted advertising purposes. UIDH are commonly referred to as “supercookies” because they cannot be deleted. This concludes the FCC’s investigation into whether Verizon
European Commission Releases Draft Text of Adequacy Decision on EU-U.S. Privacy Shield
On February 29, 2016, the European Commission’s (EC) released a much anticipated draft adequacy decision on the EU–U.S. Privacy Shield. With this and enactment of the Judicial Redress Act last week (see our post here), the European Union came yet another step closer to finalizing the agreement between the EU and the U.S. to enable
Obama Signs Judicial Redress Act—Will It Move EU–U.S. Privacy Shield Forward?
President Barack Obama signed the Judicial Redress Act on Wednesday, February 24, 2016, which will eventually enable European Union citizens to seek remedies for alleged privacy violations by the federal government in U.S. courts. The Act gives the U.S. Department of
CPSC May Get New Authority Over Liquid Nicotine Containers for E-Cigarettes
For all of you who know the U.S. Consumer Product Safety Commission (CPSC), you know that the agency distinctly does not have authority over tobacco or tobacco products. This arguably wasn’t always the case. Early on, the American Public Health Association petitioned the CPSC to regulate cigarettes containing more than 21 mg of tar. When
Supreme Court Refuses to Moot TCPA Class Action, Leaving Business Open to More Suits
The Supreme Court yesterday denied an attempt by a defendant to moot a class action under the Telephone Consumer Protection Act (TCPA), 48 Stat. 1064, Pub. L. 102–243 (Dec. 20, 1991) (codified at 47 U.S.C. § 227), on the basis of an unaccepted settlement offer to the named plaintiff. The case, Campbell-Ewald Co. v. Gomez
CPSC Staff Appear Set to Get Vote on Voluntary Standards
Members of the U.S. Consumer Product Safety Commission (CPSC) are set to vote on a final rule to allow the staff not only to participate on the committees that develop voluntary standards, but to vote as members of the committees and even lead them (provided the Executive Director gives prior approval). If the Commission approves
Brain-Training App Maker to Pay $2 Million to Settle FTC False Ad Claims
Lumosity, an online site and smartphone app, is supposed to help its users train their brains so they can achieve their “full potential in every aspect of life.” Unfortunately, the company was unenlightened when it came to avoiding false advertising claims. According to the Federal Trade Commission (FTC), the company claimed that using its
New Year, New Cyber Law
In the rush of holidays and storms around the country (and weirdly warm weather here in D.C.), it was easy to miss that Congress finally approved the Cybersecurity Information Sharing Act (CISA). The bill was included in the middle of its omnibus spending package, the Consolidated Appropriations Act, 2016, Pub. L. 114–113 (Dec. 18,
FTC Issues Enforcement Policy Statement and Guidance on “Native Advertising”
“Native Advertising” has been on the radar screen for several years, with consumer groups, businesses and regulators alike considering what the rules of the game should be to avoid deception as the nature of publishing and advertising continue to evolve at a dizzying pace. Those rules became clearer on December 22, 2015, when the Federal
Two App Developers Agree on COPPA Settlement with FTC
Two app developers have settled complaints from the Federal Trade Commission (FTC) that they allowed third parties to collect information, including persistent identifiers, through their apps, and allowed third parties to serve advertising to children, in violation of the Children’s Online Privacy Protection Act (COPPA). The FTC’s announcement was released the same day it announced