UPDATE: Prior to the close of the legislative session, the amended AB 83 failed to make it out committee. With the session ending on August 31st, the California legislature is debating a bill (AB 83) that would expand data security requirements for businesses that maintain personal information of California residents to include, among other things, protection … Continue Reading
In the wake of thousands of parental complaints about unauthorized in-app purchases made by their children, resulting in millions of dollars in disputed charges, the Federal Trade Commission (“FTC”) brought suit against Amazon, Inc. (“Amazon”) in July 2014. The FTC sought a court order requiring refunds to consumers for unauthorized charges and permanently banning the … Continue Reading
Late last week, the Illinois state senate considered an amendment tacked onto to an unrelated bill that would have revised the Illinois’ Biometric Information Privacy Act, a law that has been the subject of much debate and litigation in the past year. This amendment had the potential to drastically affect the current litany of lawsuits … Continue Reading
This past week, the First Circuit issued a notable opinion concerning the contours of liability under the Video Privacy Protection Act (VPPA) – a decision that stirs up further uncertainty as to where to draw the line regarding VPPA liability when it comes to mobile apps. (See Yershov v. Gannett Satellite Information Network Inc., No. … Continue Reading
As we have previously written about, there are several ongoing biometric privacy-related lawsuits alleging that facial recognition-based systems of photo tagging violate the Illinois Biometric Information Privacy Act (BIPA). Add one more to the list. A Chicago resident brought a putative class action against Google for allegedly collecting, storing and using, without consent and in … Continue Reading
The Eleventh Circuit issued a notable ruling this week limiting a mobile app’s liability under the Video Privacy Protection Act (VPPA), 18 U.S.C. § 2710, a law enacted in 1988 to preserve “consumer” personal privacy with respect to the rental or purchase of movies on VHS videotape, and which has been regularly applied to streaming … Continue Reading
While many smartphone users were gazing upon their new iPhone 6 Plus’s 5.5-inch screen with wonder, there was another notable development in the mobile/tech world – the ongoing software copyright dispute between Oracle and Google over the development of the Android mobile platform just heated up again. This past week, Google filed a petition for … Continue Reading
An Important Issue for Text-Message Marketers There has been an uptick in litigation under the federal Telephone Consumer Protection Act (TCPA), 47 U.S.C. § 227 – likely due to the increased use of mobile marketing (not to mention the availability of statutory damages between $500 and $1,500 per violation). And with the growth of easy … Continue Reading
Cellco Partnership, doing business as Verizon Wireless, filed a lengthy complaint on March 7, 2011, against mobile marketing entities that have conducted short code marketing campaigns on its network. The complaint alleges that these entities failed to comply with the Mobile Marketing Association’s Consumer Best Practices Guidelines for Cross Carrier Mobile Content Services, which Verizon … Continue Reading
