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California Actively Enforcing its Delete Act against Data Brokers
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March 10, 2025
California Actively Enforcing its Delete Act against Data Brokers
By: Nicole Kardell
If you are a data broker and you are not registered in California, you may face sanctions, including fines and possible shut down of operations. The California Privacy Protection Agency is actively enforcing the state’s Delete Act, legislation that was enacted in 2023. The Delete Act requires entities that qualify as data brokers under the law to register annually with the CPPA and pay the associated fee. In October 2024, the CPPA announced that it would start a sweep to investigate and penalize data brokers that failed to comply. Making good on its promise, the agency recently released a statement that it settled with a data broker, Background Alert, Inc., for failing to register. The settlement requires the company to…
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FTC Cracking Down On Online Censorship
February 27, 2025
FTC Cracking Down On Online Censorship
By: Steven Eichorn
The Federal Trade Commission (FTC) has recently launched a public outreach effort to obtain information from the public regarding how they are treated by technology platforms. As explained by the FTC, they are seeking to “understand how technology platforms deny or degrade users’ access to services based on the content of their speech or affiliation, and how this conduct may have violated the law.” This…
Pause Play? CFPB Gaming-Related Rules on Hold
February 12, 2025
Pause Play? CFPB Gaming-Related Rules on Hold
By: Michelle Cohen
Newly installed Consumer Financial Protection Bureau (“CFPB”) Director Russell Vought directed agency staff to stop work on agency matters and stay home. The future of many of the CFPB-led initiatives looks bleak, including a recent interpretive rule proposal that would treat video game publishers like payment processors. Background Congress created the CFPB, an independent federal agency, in 2011 in response to the financial crisis of…
FTC Enforcement reminds Companies to live up their Promises
April 15, 2020
FTC Enforcement reminds Companies to live up their Promises
By: Nicole Kardell
The FTC recently announced its settlement with Tapplock, Inc., a maker of smart padlocks (Internet-connected fingerprint-enabled padlocks that you can use in lieu of old-fashioned combo locks). The FTC investigated the Canadian-based company for its allegedly false claims that its Internet-connected smart locks were designed to be “unbreakable” and that the company took reasonable steps to secure the data that it collected from consumers. According…
Failure to Certify: Companies That Falsely Claim They Are Privacy Shield Certified or Let Their Certification Lapse Face Enforcement Action.
April 8, 2020
Failure to Certify: Companies That Falsely Claim They Are Privacy Shield Certified or Let Their Certification Lapse Face Enforcement Action.
By: Nicole Kardell
Does your company’s privacy policy include a claim that it is Privacy-Shield certified? If so, you should ensure that it is, in fact, certified and that the certification has not lapsed. Failures in this area are low-hanging fruit for government enforcement actions. A little background on the Privacy Shield Framework. The U.S. Privacy Shield framework facilitates the legal transfer of consumer data from the E.U….
Telemarketing Restrictions During State of Emergency
April 7, 2020
Telemarketing Restrictions During State of Emergency
By: Nicole Kardell
If part of your marketing plan involves calls to consumers, please be aware of additional telemarketing restrictions in some states (presently New York and Louisiana) during a state of emergency. New York New York recently enacted a law to prohibit unsolicited telemarketing calls during a state of emergency. Since New York Governor Andrew Cuomo has declared a state of emergency (on March 7, and…
TCPA Prior Express Consent Via Business Card? Third Circuit Says “Yes, It Counts”
April 1, 2020
TCPA Prior Express Consent Via Business Card? Third Circuit Says “Yes, It Counts”
By: Ifrah Law
As businesses that make telemarketing or automated/prerecorded phone calls and send text messages and telemarketing faxes are well aware, the federal Telephone Consumer Protection Act (“TCPA”) imposes certain restrictions on communications sent without the recipient’s express consent or permission. Many courts view the “prior express consent” or permission requirement quite broadly. And just this week, the broad interpretation of “prior express consent” was reaffirmed and…
Privacy Pointers for Employees of the Teleworking World
March 26, 2020
Privacy Pointers for Employees of the Teleworking World
By: Nicole Kardell
Work got a lot more personal when it moved in with my family. For people used to keeping a healthy divide between their business and personal lives, the new telework dynamic can be particularly stressful. That “healthy divide” can crumble under the weight of quarantine as tiny voices (kids and pets) infiltrate teleconference and video conference calls – “I didn’t know Joe had kids!” “Who’s…
