Archives: Privacy

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Willful or Knowing Violation of the TCPA: Treble Damages and What Businesses Should Know

A U.S. District Court signaled that deterrence was a significant factor in awarding treble damages in a Telephone Consumer Protection Act (“TCPA“) lawsuit. The United States District Court for the Middle District of North Carolina Judge Catherine C. Eagles (the “Court“) denied to reduce or set aside a $61 million judgment against Dish Network LLC … Continue Reading

InfoLawGroup Partner Jamie Rubin to speak on “Ad Impression Measurement” at the 2017 BAA/ANA Marketing Law Conference in Chicago

Join Jamie Rubin for the 2017 ANA/BAA Marketing Law Conference, November 13-15, 2017 at the Marriott Chicago Downtown Mag Mile.  Mr. Rubin will moderate a panel titled Metrics & Monitoring Efficiencies and the Performance of Social/Digital Media Advertising.  Hear about how the Media Rating Council (MRC) measures and audits online ads, the 3MS initiative started … Continue Reading

InfoLawGroup Partner Justine Young Gottshall to speak at the 2017 Privacy + Security Forum in Washington, D.C.

Join Justine Young Gottshall for the 2017 Privacy + Security Forum, October 4-6, 2017 at the George Washington University Marvin Center.   Ms. Gottshall will speak on What’s New In Online Advertising? IoT, Addressable TVs and Beyond. The discussion will cover the recent developments in targeting, advertising and profiling.    … Continue Reading

Are You Keeping Up with COPPA? The FTC Just Updated Its Compliance Plan for Businesses

On June 21, 2017, the FTC released its updated its 6 step COPPA Compliance Plan for Businesses (“Compliance Plan”).   The changes to the Compliance Plan are intended to help businesses keep up with changes to technology and evolving business models in connection with the Children’s Online Privacy Protection Act (“COPPA”). The FTC states in its … Continue Reading

Partner Heather Nolan To Be Interviewed This Wednesday, June 21, 2017 on Privacy Issues In Marketing and Broadcasting

On Wednesday, June 21, 2017, InfoLawGroup partner, Heather Nolan, will be interviewed on the Privacy Piracy radio program out of the University of California by its host Mari Frank.  Heather will be discussing privacy issues in marketing and broadcasting.  The show is scheduled to take place at 3:30pm Central Time, and will be available for listening on the show’s website after the live … Continue Reading

InfoLawGroup Launches CPO on Demand™ Service

InfoLawGroup announces the launch of CPO on Demand™, a service through which we serve as outside Chief Privacy Officers, Privacy Counsel, and DPOs as required under EU regulation. CPO on Demand™ brings the depth and breadth of our privacy and security focused attorneys to support your business’s legal, compliance, and privacy teams. Please click here … Continue Reading

Math Question As Age-Gate and Invite-A-Friend Under Fire

The Children’s Advertising Review Unit of the Council of Better Business Bureaus (“CARU”) routinely monitors web sites and mobile apps for compliance with its Guidelines and the Children’s Online Privacy Protection Act (“COPPA”).  Through that routine monitoring, CARU recently discovered the information practices of the 1st through 7th grade mobile applications called Friendzy (e.g., 1st … Continue Reading

The New “EU-US Privacy Shield”

Since the European Court of Justice invalidated the fifteen-year-old EU-US “Safe Harbor Privacy Framework” last October, thousands of US companies have been awaiting the results of negotiations between the US government and the European Commission to produce “Safe Harbor 2.0,” a set of protocols to permit the continued flow of personal data between Europe and … Continue Reading

Businesses Take Heed: FTC’s Recent Report, Conference Signal Big Data’s the Big Deal in 2016

FTC Kicks Off New Year with New Report on Growing Use of Big Data Analytics Across All Industries Without so much as a week of 2016 having lapsed, the Federal Trade Commission (“FTC” or “Commission”) released a new report with recommendations to businesses on the growing use of big data. The report, “Big Data: A … Continue Reading

Privacy and Ed-tech in 2016

There was a lot of legislative movement for the educational technology (ed-tech) industry in 2015 with states placing additional privacy regulations on the industry, and the effects of those new acts should be felt this year. The states that passed this type of legislation in 2015 were following California’s lead. California’s governor signed the Student … Continue Reading

FTC Settles Advertising-Related COPPA Charges Against Two App Developers

This week, the FTC announced settlements with two developers of children’s apps that it claimed had failed to comply the Children’s Online Privacy Protection Act (“COPPA”). While any COPPA enforcement by the FTC is noteworthy, these cases are particularly interesting in that they are the FTC’s first COPPA enforcement actions that are based on allegations that a child-directed online service … Continue Reading

Caveat Venditor: FTC Amends Telemarketing Sales Rule to Enhance Anti-Fraud Protections and to Update and Clarify Several Key Provisions Relating to the National Do Not Call Registry

On November 18, 2015, the Federal Trade Commission (FTC) released a final rule setting forth a number of key amendments to its Telemarketing Sales Rule (TSR).  [FN1]  Specifically, in response to changes in the financial marketplace, the final rule prohibits the use of certain payment methods in telemarking.  In addition, and of likely much greater … Continue Reading

New State Privacy Regulation for Connected Televisions

California will become the first state in the nation to regulate information gathered by connected television manufactures through the televisions they sell. Assembly Bill No. 1116 (“AB 1116”) was signed into law by California Governor Jerry Brown on October 6, 2015 and will take effect January 1, 2016. There are three major provisions to AB … Continue Reading

Know your Privacy Policy and Practices: An Important Reminder Illustrated by Recent FTC Actions

The Federal Trade Commission’s (“FTC”) announcement last week of settlements with 13 separate companies for charges of falsely advertising certification with the U.S.-EU and/or U.S.-Swiss Safe Harbor Frameworks (“Safe Harbors”) – some of which never existed but several of which had simply lapsed – serves as a reminder that businesses should periodically and often review … Continue Reading

Congratulations Justine Gottshall

InfoLawGroup congratulates partner Justine Young Gottshall for being recognized by SC Magazine as one of the 5 Women in IT Security: Women to Watch. It is an honor to be named, particularly given the other accomplished and successful women on the list, and those profiled throughout the Women in IT Security issue.  Ms. Gottshall is the sole … Continue Reading

Live-Streaming Apps; What We Aren’t Talking About

There are many articles circulating the web about new live-streaming video technologies like Meerkat. These tremendous apps make it possible for users to stream real time video from their phone to the internet for all to view, turning every individual into a real-time video-journalist.   Brands and entertainment properties have also jumped into the fray … Continue Reading

RadioShack Bankruptcy Case Highlights Value of Consumer Data

On Thursday, a bankruptcy judge granted final approval of the sale of RadioShack Corporation (“RadioShack”) assets to General Wireless Operations Inc. (“General Wireless”), which included customers’ personal information. In the order, the Delaware bankruptcy judge stated “ . . . no showing was made that the sale of personally identifiable information (the “PII”)(as defined in … Continue Reading

InfoLawGroup is hiring!

The Information Law Group is looking for one fantastic lawyer to join our team.  If you are interested, please see the information below. Requirements InfoLawGroup is looking for a candidate with 4-8 years of experience as an attorney drafting and negotiating digital media, IT, data security and privacy related contracts/schedules.  Bar membership in Illinois, Washington DC or California … Continue Reading

Retail-Tracking Service Provider Nomi Technologies Settles FTC Complaint Over False Statement in its Privacy Policy

Last week, the Federal Trade Commission announced a complaint against and proposed settlement with Nomi Technologies, Inc.* (“Nomi”), based on allegations that Nomi included a false representation in its Privacy Policy. Nomi is an analytics provider offering services to brick-and-mortar retail locations through its “Listen” service. To provide the service, Nomi utilizes beacons placed within … Continue Reading

The Internet of Things: What All Companies Need To Know About the FTC Report

The FTC released its Report on the Internet of Things (“IoT”) on January 27, 2015 (“Report”).  While the Report is specific to IoT, including devices such as wearable fitness trackers and internet connected cameras and televisions, there are key takeaways for all companies operating online[1]. The FTC defines IoT as “’things’ such as devices or … Continue Reading

Alcohol Ads In the Digisphere – New-ish Guides In Town

At the end of September, thirteen leading beer, wine and spirits producers published the Digital Guiding Principles (DGPs) as part of their global commitment to reducing harmful drinking.  These are self-regulatory guidelines — they are not law, although some of the principles track legal requirements in the U.S.  Moreover, these principles do not replace any other guidelines … Continue Reading

Justine Gottshall To Speak at BAA/PMA Annual Marketing Law Conference

Attending the BAA Conference? Please join our partner, Justine Gottshall, as she leads a panel on Privacy by Design – A Cast of Characters: The Lawyer, the Marketer & the Organization. She will be joined by Susan Cooper from Facebook, Susan Goodhue from LinkedIn, and Michael McCullough from Macy’s. The session is on November 6, … Continue Reading
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