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Category Archives: Consumer Privacy/FTC

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No Written Consent, But Still No Harm: TCPA Class Certification Denied Where Spokeo Creates Individualized Questions of Consent

Posted in Consumer Privacy/FTC, Privacy, Retail

Earlier this year, the Northern District of Illinois declined to certify a Telephone Consumer Protection Act (TCPA) class action even though the key issue in the case – whether class members had provided prior express written consent to receive prerecorded … Continue Reading

Behavioral Advertising: What Companies Need to Know About Evolving Advertising Technologies

Posted in Consumer Privacy/FTC, Privacy, Profiling, Social Media

Rapidly changing and complex technology, the rise of “Big Data” and an increasing focus on digital advertising has made advertising legal compliance an increasingly complex area for companies. In-house attorneys and their outside counsel must wrestle with understanding the legal … Continue Reading

Cybersecurity Threats May Impact Your Digital Health

Posted in Consumer Privacy/FTC, Cybersecurity, Data breach, Data Protection and Competition, Health Information

As the healthcare industry continues to embrace the Internet of Things, cybersecurity may present unprecedented health and privacy risks to patients. Wireless-enabled medical devices are increasingly common. For some patients, this means that their hearts are, quite literally, connected … Continue Reading

UPDATE: The FCC Approves Privacy Regulations for Internet Service Providers

Posted in Consumer Privacy/FTC, Cybersecurity, Data Protection and Competition, Data retention, Data Security, Privacy

This morning the FCC voted along party lines to adopt rules subjecting broadband internet service providers (ISPs) to new consumer privacy regulations. According to the FCC’s press release, the rules give “customers the tools they need to make informed decisions … Continue Reading

UPDATE: Got Data? Actual Harm Not Required for FTC Enforcement Action for Lax Security Measures

Posted in Consumer Privacy/FTC, Data Security, FTC enforcement

As anticipated, things are getting even more exciting with the case previously covered in Password Protected.  Specifically, LabMD is appealing the landmark data security case between it and the Federal Trade Commission (“FTC”) that examines an alleged data breach, … Continue Reading