FCC Adopts Safe Harbor to Encourage Voice Service Providers to Block Unwanted Robocalls -
The FCC adopted a highly anticipated Third Report and Order, Order on Reconsideration, and Fourth Further Notice of Proposed...more
7/30/2020
/ Auto-Dialed Calls ,
Call Blocking ,
Declaratory Rulings ,
FCC ,
HIPAA Privacy Rule ,
Peer-to-Peer ,
Prior Express Consent ,
Robocalling ,
Rulemaking Process ,
Safe Harbors ,
TCPA ,
Telecommunications ,
Telemarketing ,
TRACED Act ,
Wireless Industry
Klepto Cats and Dogs have been “stealing” children’s personal information without parental consent and using it for targeted advertising. Bad dog! Well, almost. HyperBeard, Inc., a developer of apps popular with children...more
6/15/2020
/ Advertising ,
COPPA ,
Corporate Counsel ,
Cybersecurity ,
Data Collection ,
Data Protection ,
Department of Justice (DOJ) ,
Federal Trade Commission (FTC) ,
Mobile Apps ,
Online Safety for Children ,
Parental Consent ,
Personally Identifiable Information ,
Website Owner Liability
K-12 schools, colleges, and universities around the country have shuttered their doors—most, for the rest of the academic school year—in response to the COVID-19 pandemic. Educational institutions are in uncharted waters, but...more
In this post, we offer insights on the revisions recently made by the California Attorney General’s office to Article 5 of its draft regulations pertaining to special rules regarding minors. Article 5 imposes special...more
The California Attorney General’s CCPA draft regulations impose additional requirements for collection of data from children under 13 on top of those imposed by the federal Children’s Online Privacy Protection Act (COPPA),...more
The California Attorney General’s office (CA AG) has published the long-awaited implementing regulations to the California Consumer Privacy Act (CCPA). In addition to the regulations, the CA AG also released a Notice of...more
They grow up so fast! A sentiment – and challenge – shared by parents and technologists alike. Just when you think you’ve finally figured it out, you blink, and they’re unrecognizable. The old rules can no longer be trusted...more
8/27/2019
/ COPPA ,
Cybersecurity ,
Data Collection ,
Data Protection ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
Guidance Update ,
Mobile Apps ,
Online Safety for Children ,
Parental Consent ,
Personally Identifiable Information ,
Popular ,
Public Comment ,
Website Owner Liability ,
Websites
FCC Continues Review of Comments on NPRMs and Petitions, Meets with Stakeholders -
The FCC continues to review comments and meet with parties in a variety of TCPA-related proceedings, but the agency did not vote on any...more
4/25/2019
/ Comment Period ,
Debt Collection ,
Declaratory Rulings ,
FCC ,
NPRM ,
Public Notice ,
Robocalling ,
TCPA ,
Text Messages ,
Truth in Caller ID Act of 2009 (TICIDA) ,
Unsolicited Faxes
Office Depot and its tech support provider, Support.com, proved to be anything but “supportive” after allegedly providing false malware scan results and conning customers into paying for repairs and technical services that,...more
FCC Seeks Comment on Petition Requesting Clarification -
On March 7, the FCC’s Consumer and Governmental Affairs Bureau released a Public Notice seeking comment on a Petition for Expedited Clarification or Declaratory...more
The Federal Trade Commission (“FTC”) has handed down its largest civil penalty ever for violations of the Children’s Online Privacy Protection Act (“COPPA”). Musical.ly, now known as TikTok after a 2018 merger, agreed to a...more
3/7/2019
/ Consent Decrees ,
COPPA ,
Cybersecurity ,
Data Collection ,
Federal Trade Commission (FTC) ,
Mobile Apps ,
Online Safety for Children ,
Parental Consent ,
Personally Identifiable Information ,
Settlement Agreements ,
Website Owner Liability ,
Websites
Leaving its fingerprints all over the privacy debate, the Illinois Supreme Court handed down a ruling that will significantly impact litigation under the state’s unique Biometric Information Privacy Act (“BIPA” or “Act”),...more
1/30/2019
/ Actual Injuries ,
Amusement Parks ,
Article III ,
Biometric Information ,
Biometric Information Privacy Act ,
Data Collection ,
Fingerprints ,
IL Supreme Court ,
Injury-in-Fact ,
Private Right of Action ,
Written Consent
Although the Federal Communications Commission (“FCC”) has been affected by the government shutdown, it released several TCPA items in late December before it suspended most operations due to the lapse in funding....more
The FCC held its last open meeting of 2018 on December 12, approving two items related to the TCPA as part of its busy year-end agenda, including an item establishing a reassigned number database.
We discuss these items...more
Deploy Call Authentication Technology by 2019 or Else, FCC Tells Voice Providers -
In letters sent to voice providers large and small by Chairman Pai on November 5 and 6, the Federal Communications Commission (“FCC”)...more
11/26/2018
/ ATDS ,
Auto-Dialed Calls ,
Declaratory Rulings ,
FCC ,
NCLC ,
Opt-Outs ,
Prior Express Consent ,
Robocalling ,
Smartphones ,
Statutory Interpretation ,
TCPA
Recently, the Federal Trade Commission (“FTC”) announced that it has finalized its expanded settlement with ride-haling giant, Uber Technologies, Inc. (“Uber”) related to two major data breach incidents. The initial breach...more
11/16/2018
/ Consumer Information ,
Cybersecurity ,
Data Breach ,
Data Security ,
Federal Trade Commission (FTC) ,
Notification Requirements ,
Personally Identifiable Information ,
Popular ,
Reporting Requirements ,
Settlement Agreements ,
Third-Party Service Provider ,
Uber
Comments are due in a number of important TCPA proceedings in October. In response to a major decision out of the Ninth Circuit last month, which further entrenched a circuit split regarding interpretations of the definition...more
Late last week the White House released its National Cyber Strategy, setting forth its approach to protecting U.S. critical infrastructure from global cyber threats. The National Cyber Strategy builds off of Executive Order...more
We are pleased to present the latest edition of our Monthly TCPA Digest, providing insights and news related to the Telephone Consumer Protection Act (TCPA).
This issue provides insurance information for companies facing...more
Part I – TCPA: Regulatory Update -
FCC Evaluates Comments Received in Several TCPA Proceedings -
The Federal Communications Commission (“FCC” or “Commission”) is busy evaluating scores of comments and reply comments it...more
We are pleased to present the latest edition of our Monthly TCPA Digest, providing insights and news related to the Telephone Consumer Protection Act (TCPA)....more
Answering the centuries’ old question, it appears it is the Federal Trade Commission (“FTC”) that watches the watchmen. The FTC sent warning letters to a pair of foreign app developers cautioning them that their practices of...more
5/9/2018
/ COPPA ,
Corporate Counsel ,
Data Collection ,
Data Protection ,
Federal Trade Commission (FTC) ,
Guidance Update ,
Mobile Apps ,
Online Safety for Children ,
Parental Consent ,
Personally Identifiable Information ,
Smart Devices ,
Website Owner Liability ,
Websites
We are pleased to present the latest edition of our Monthly TCPA Digest, providing insights and news related to the Telephone Consumer Protection Act (TCPA). This month’s issue examines a recent Illinois federal court ruling...more
Uber Technologies, Inc. (“Uber”) has agreed to an expansion of its initial August 2017 proposed consent agreement with the Federal Trade Commission (“FTC”), in light of revelations of an additional security breach in October...more
4/23/2018
/ Cloud Storage ,
Consumer Information ,
Cybersecurity ,
Data Breach ,
Data Security ,
Federal Trade Commission (FTC) ,
Notification Requirements ,
Personally Identifiable Information ,
Popular ,
Recordkeeping Requirements ,
Reporting Requirements ,
Settlement Agreements ,
Third-Party Service Provider ,
Uber
Greetings from our TCPA & Consumer Calling team at Mintz Levin. In this issue of our newsletter, we cover recent TCPA regulatory, litigation, and judicial developments. Our Regulatory Update features a discussion on the...more