The Telephone Consumer Protection Act (TCPA) was passed in 1991 and is known by many as the law that created the “do-not-call” rules. The statute includes a number of restrictions related to telephone, text, and fact solicitations, including a prohibition against what is colloquially known as “autodialing” and “robocalls,” and it creates a private right
A lawsuit recently filed against Amazon.com for a violation of the Illinois Biometric Information Protection Act (“BIPA”) should serve as a reminder to all companies engaged in COVID-19-related employee and/or customer scanning that it is important to determine what privacy and cybersecurity laws apply to your screening measures, and confirm that you are engaging in
On Wednesday, September 2, 2020, Wayne Farms LLC, an entity engaged in processing, packing, and otherwise selling a variety of food products in the United States and internationally, brought suit in the N.D. Illinois against LinkedIn and an unknown “John Doe” or the “fake Pat Gomez” to stop the “John Doe” from posing as an
Have you seen the new headline about Twitter in the news? It may be time to double-check your corporate practices and check-in with your employees.
The top new FTC privacy probe concerns Twitter, which has been charged by the FTC for breaching a 2011 consent decree by using phone numbers and email addresses that users
Last week, on July 16, 2020, Europe’s top court invalidated the EU-US data flow arrangement called Privacy Shield. In a world with competing privacy regulations, many thousands of global businesses relied heavily Privacy Shield to conduct their business across EU-US borders (there are 5300+ current Privacy Shield participants, and the transatlantic economic relationship is valued
The California Consumer Privacy Act (CCPA) went into effect on January 1, 2020, and enforcement begins tomorrow, July 1, 2020. Is your privacy policy compliant? Here are a few quick questions that may help you determine the answer –
The question is – do wiretapping statutes apply in cases where there is no traditional third party interceptor? And more practically speaking, how does an entity using plug-ins and cookies avoid liability under wiretapping statutes while there is so much uncertainty in the law?
We previously blogged about this issue In re: Facebook, Inc. Internet
Articles summarizing CCPA often state that it applies to for-profit businesses that do business in California that satisfy certain criteria, and they fail to ever mention that CCPA does apply to some non-profits.
The CCPA defines “business” as “a sole proprietorship, partnership, limited liability company, corporation, association, or other legal entity that is organized
In the United States, transparency is the name of the game in privacy law. (This is in contrast to the GDPR, which is focused on creating a “privacy by design” legal framework.) Consistent with this trend with U.S. privacy laws is New York’s Public Oversight of Surveillance Technology Act (POST Act), which is expected to
On June 1, 2020, the California Attorney General submitted the final text of the California Consumer Privacy Act (CCPA) regulations to the California Office of Administrative Law (OAL) for approval, which are substantially the same as the draft regulations released on March 11, 2020. Despite the ongoing development of the regulations, the CCPA took effect