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Category Archives: Data Security

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In Commission Win, Appeals Court Agrees that FTC Can Regulate Business Data Security Practices Under Unfairness Authority

Posted in Cybersecurity, Data Security, Privacy
In a closely watched case where the Federal Trade Commission (FTC) pursued Wyndham Worldwide Corporation for several data breaches that led to millions of dollars in fraudulent charges on customers’ payment cards, the U.S. Court of Appeals for the Third Circuit on Monday agreed with the Commission’s broad interpretation of its “unfairness” authority (opinion here).… Continue Reading

Tips for Writing Social Media Policies

Posted in Advertising, Data Security, Privacy, Regulations, Sweepstakes & Promotions
As many marketers spend a large and growing share of the ad spend on social media, basic principles of truthful advertising must be kept in mind and applied in the new and varied media.  After all, the platforms may change, but the underlying requirements do not.  Thus, for responsible marketers, a robust social media policy… Continue Reading

FCC Releases Much-Anticipated TCPA Declaratory Ruling and Order

Posted in Advertising, Data Security, Privacy
As we previously reported, the Federal Communications Commission (“FCC” or “Commission”) adopted a significant Declaratory Ruling and Order on June 18, 2015 to clarify aspects of the Telephone Consumer Protection Act (“TCPA”), namely, the use of “automatic telephone dialing systems” and/or artificial or prerecorded voice messages to send telemarketing and informational calls and texts to… Continue Reading

FTC Issues Data Security Guidance

Posted in Cybersecurity, Data Security
The U.S. Federal Trade Commission (FTC) issued new data security guidance for businesses on June 30, 2015. The publication, Start With Security: A Guide for Business, consolidates other guidance from the FTC that reflects its position that security by design, much as privacy by design, should be integrated into business processes. The guidance isn’t new,… Continue Reading

Businesses Beware: FCC Adopts Significant TCPA Declaratory Ruling and Order

Posted in Advertising, Data Security, Privacy
At its Open Meeting on June 18, 2015, the Federal Communications Commission (“FCC”) adopted a significant Declaratory Ruling and Order to clarify aspects of the Telephone Consumer Protection Act (“TCPA”), namely, the use of automatic dialing systems and/or artificial or prerecorded voice messages to send telemarketing and informational calls and texts to consumers (“robocalls”). The… Continue Reading

High Court to Decide If Congress Can Let Consumers Sue Over Publication of Inaccurate Personal Information Without Concrete Damages

Posted in Cybersecurity, Data Security, Litigation, Privacy
The Supreme Court of the United States granted certiorari late last month in a case with important implications for consumer privacy and for the ability of Congress generally to create wholly new protections for consumers. Plaintiffs must always show that they have standing – a legally-protected interest that allegedly has been violated – before a federal… Continue Reading

Third Circuit Says Privacy Class Action Members are “Ascertainable” in Suit Against Aaron’s Stores Because There are Records

Posted in Data Security, Privacy
Every class action lawsuit always involves the question of how to identify, or “ascertain”, who is a member of the class.  Consumers keep expensive products or at least keep records related to their purchase.  Inexpensive or transitory products are generally gone by the time litigation commences and no records of the purchase exist.  In such… Continue Reading

House Passes Cyber Information Sharing Bills

Posted in Cybersecurity, Data Security, Privacy
This week, the U.S. House of Representatives passed two cybersecurity information sharing bills that gained qualified support from the Obama Administration.  Together, the bills (the Protect Cyber Networks Act (PCNA) and the National Cybersecurity Protection Advancement Act (NCPAA)) would authorize companies to share cyber threat information and defensive measures with each other and the government,… Continue Reading

Managing “Cyber” – A New Guide for Companies on Cybersecurity and Addressing Cyberthreats and Cybercrime

Posted in Cybersecurity, Data Security
The Paris-based International Chamber of Commerce (ICC) today released a new guide to help companies manage their cybersecurity, including how to address cyberthreats and how to prevent cybercrime. The ICC Cyber security guide for business, prepared by the ICC’s Commission on the Digital Economy, was written to help companies address the new types of risks… Continue Reading

Data Breaches: Not Just for States and the FTC Anymore

Posted in Cybersecurity, Data Security, Privacy
The Federal Communications Commission (FCC) announced today that AT&T Services, Inc., will pay $25 million to resolve an investigation into whether the company violated Sections 201(b) and 222 of the Communications Act relating to consumer privacy at AT&T call centers in Mexico, Colombia, and the Philippines. According to the FCC’s order and consent decree, call… Continue Reading
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