Clicky

Header graphic for print
InfoLawGroup privacy. security. technology. media. advertising. intellectual property.

Monthly Archives: October 2009

Reminder: FTC Will Enforce Red Flags Rule Beginning November 1 (but Federal Judge Rules Lawyers Not Subject To Rule)

By Tanya Forsheit on Posted in Identity Theft, Red Flags Rule

The Federal Trade Commission will begin enforcing its Red Flags Rule this Sunday, November 1. Financial institutions and creditors that hold covered accounts, as defined under the Rule, must have written Red Flags identity theft prevention programs in place by November 1. Earlier today the American Bar Association reported that a federal judge in Washington, D.C., ruled that the FTC exceeded its authority by applying the Red Flags Rule to practicing lawyers. The FTC is expected to appeal today’s ruling.

New design launched using Movable Type

By Joshua Lynch on Posted in Uncategorized

Our web site is sporting a new look and feel thanks to Movable Type and the Professional Template Set. The Professional Template Set makes it possible for just about anyone to get up and running with a new web site using Movable Type. It is literally as easy as just a few clicks. Just pick… Continue Reading

California Court Rejects Class Action Based on Data Collection for PII Aggregation Purposes

By Tanya Forsheit on Posted in PII, Privacy and Security Litigation

On Friday, the California Court of Appeal, Fourth Appellate District, certified for publication its October 8 opinion in Pineda v. Williams-Sonoma, the most recent in a string of decisions regarding California’s Song-Beverly Credit Card Act of 1971, California Civil Code § 1747.08. On first glance, Pineda appears uneventful. The Court merely reiterated its December 2008 holding in Party City v. Superior Court, 169 Cal.App.4th 497 (2008), that zip codes are not personal identification information for purposes of the Act, right? Not so fast. In fact, the Pineda court added a couple of new wrinkles that are worth a second look. First, the court reaffirmed its Party City holding even though Pineda specifically alleged that Williams-Sonoma collected the zip code for the purpose of using it and the customer’s name to obtain even MORE personal identification information, the customer’s address, through the use of a “reverse search” database. Second, the court held that a retailer’s use of a legally obtained zip code to acquire, view, print, distribute or use an address that is otherwise publicly available does not amount to an offensive intrusion of a consumer’s privacy under California law.

Legal Implications of Cloud Computing — Part Three (Relationships in the Cloud)

By David Navetta on Posted in Cloud Computing, Cloud Computing Series, Special Series

While there is much debate on the IT side as to whether Cloud computing is revolutionary, evolutionary or “more of the same” with a snazzy marketing label, in the legal context, Cloud computing does have a potential significant impact on legal risk. Part three of our ongoing Cloud legal series explores the relationships in the Cloud, and the potential legal implications and impacts suggested by them.

FTC Settles Charges Against Kids’ Apparel Brands for Alleged COPPA Violations

By Tanya Forsheit on Posted in Children's Privacy

Remember Candie’s shoes and Op shorts? The FTC announced yesterday that it has settled charges against Iconix Brand Group, an owner, licensor, and marketer of popular kids’ apparel brands such as Candie’s, Op, Mudd, and Bongo, for allegedly violating the Children’s Online Privacy Protection Act (COPPA). Among other things, Iconix will pay a $250,000 civil penalty. The FTC filed its complaint and submitted its consent decree and order for approval yesterday in the Southern District of New York.

USA Patriot Act

By Tanya Forsheit on Posted in Uncategorized

Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism (USA PATRIOT ACT) Act of 2001