Category: Privacy Law

April 20, 2016

Judge Flunks Case Against LabMD, FTC Appeals

In March 2015, I wrote about the ongoing dispute between the FTC and LabMD, an Atlanta-based cancer screening laboratory, and looked at whether the FTC has the authority to take enforcement action over data-security practices alleged to be insufficient and therefore “unfair” under section 5(n) of the Federal Trade Commission Act (“FTCA”). On November 13,… Read More

March 10, 2016

Latest German Sausage? Privacy-Wurst by Facebook

Despite not being explicitly mentioned in the Constitution, the Supreme Court has firmly held that a right to privacy for all Americans is found in several amendments to the Constitution, with almost 100 years of case law providing precedent for many personal privacy rights that have become a cornerstone of American culture. However, in this… Read More

November 3, 2015

Highlights And Takeaways from the October 30th FTC Lead Generation Workshop

  Exploiting consumers and exploiting consumer data were popular themes in the FTC’s October 30th workshop on lead generation, “Follow the Lead.” The day-long workshop explored the mechanics of lead generation and its role in the online marketplace. With a focus on the lending and education spaces, panelists discussed the many layers of marketing involved… Read More

July 9, 2015

State Attorneys General Tell Congress: “Back-Off Our Data Breach Authority”

  Every week, we learn about new data breaches affecting consumers across the country. Federal government workers and retirees recently received the unsettling news that a breach compromised their personal information, including social security numbers, job history, pay, race, and benefits. Amid a host of other public relations issues, the Trump organization recently discovered a potential… Read More

May 26, 2015

Keeping Your Privacy Promises: Retail Tracking and Opt-Out Choices

  As children, many of us were taught how important it is to “keep your word.” Similarly, it is black letter privacy law that if a company commits (for instance, in a privacy policy or in website statements) to certain actions or practices, such as maintaining certain security features or implementing consumers’ choices on opt-outs,… Read More

May 20, 2015

Yelp Fights for the Right to Complain Anonymously

  In e-commerce, user reviews can make or break a business.  Review sites such as Yelp are a double edged sword for merchants and service providers: on one hand satisfied customers can generate buzz about the company and bring in new customers, and on the other hand dissatisfied customers can use it as a very… Read More

March 3, 2015

Another Class Action Pops Up For Complaints About Pop-Ups

  A class action lawsuit recently instituted in federal court in the Northern District of California, Hunter v. Lenovo et al., alleges that Lenovo Inc., a computer manufacturer, violated its customers’ rights by selling computers which came preinstalled with alleged spyware manufactured by Superfish Inc., another named defendant.  The purported class alleges that the Superfish… Read More

March 2, 2015

The Federal Wiretap Act and the Law of Unintended Consequences

  The law of unintended consequences – a distant cousin of Murphy’s Law – states that the actions of human beings will always have effects that are unanticipated and unintended. The law could prove a perfect fit for recent efforts by class action counsel to rely upon the Federal Wiretap Act in lawsuits arising from… Read More

February 20, 2015

Employers Running Background Checks: Top 10 Tips to Avoid Joining the Fair Credit Reporting Act Litigation “Club”

  What do Whole Foods, Chuck E. Cheese, Michael’s Stores, Dollar General, Panera, Publix, and K-Mart have in common?  Each of these companies has faced lawsuits (including class actions) under the Fair Credit Reporting Act (“FCRA”).  Although Congress passed the FCRA way back in 1970 and litigation has focused on credit reporting agencies’ duties under… Read More

January 28, 2015

International Data Privacy Day: Our Top 10 Data Privacy Tips

It’s International Data Privacy Day!  Every year on January 28, the United States, Canada and 27 countries of the European Union celebrate Data Privacy Day.  This day is designed to raise awareness of and generate discussion about data privacy rights and practices.  Indeed, each day new reports surface about serious data breaches, data practice concerns,… Read More