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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…
Ability to Revoke TCPA Consent Limited When Consent Was Provided Via Contract
April 3, 2019
Ability to Revoke TCPA Consent Limited When Consent Was Provided Via Contract
By: Ifrah Law
Although the Telephone Consumer Protection Act (“TCPA”) limits the ways in which companies may contact individuals via automated dialers, with prerecorded messages, or via text message, one of its hallmarks is that companies are entitled to contact consumers who have provided their express consent to be called. However, in 2015, the Federal Communications Commission (“FCC”) stated that individuals who previously consented to be contacted may…
INITIAL EXCHANGE OFFERING: THE NEW PARADIGM FOR CRYTPO CAPITAL?
March 18, 2019
INITIAL EXCHANGE OFFERING: THE NEW PARADIGM FOR CRYTPO CAPITAL?
By: George Calhoun
Crypto exchange Bittrex made news this week when it announced its first initial exchange offering (IEO), which it was to host through its Malta-based affiliate Bittrex International. Bittrex planned to offer its registered members the opportunity to buy RAID’s XRD token. RAID is an international gaming data blockchain project, with the goal to create a decentralized game data ecosystem where data can be freely exchanged…
Don’t Believe Me Just Watch: Choose Profits over Privacy and the FTC may Funk You Up
March 14, 2019
Don’t Believe Me Just Watch: Choose Profits over Privacy and the FTC may Funk You Up
By: Nicole Kardell
An app for children–wee ones even–to publicize videos of themselves jamming to their favorite tunes. An app that, by default, allows its users to communicate directly with any other users, including wee ones. An app that provides its users a list of other users within a 50-mile radius who they can follow or contact directly (feature removed in 2016). What could pervert-ibly go wrong? It…
UPDATE – NOT SO FAST INDEED: DISTRICT COURT BALKS AT SEC’S BLANKET CHARACTERIZATION OF TOKENS AS SECURITIES BUT THEN RECONSIDERS RULING
February 15, 2019
UPDATE – NOT SO FAST INDEED: DISTRICT COURT BALKS AT SEC’S BLANKET CHARACTERIZATION OF TOKENS AS SECURITIES BUT THEN RECONSIDERS RULING
By: George Calhoun
An issue of major importance to cryptocurrency and digital token markets has been whether tokens were all to be considered securities under U.S. law. The SEC’s frequent admonishments that it would consider ICOs to be securities offerings has caused a dramatic slowdown in the US ICO market. In one of the first cases to test the SEC’s broad definition, the United States District Court for…
Passage of the 2018 Farm Bill: America’s Amber Waves of Grain Turn Green. What Does It Mean For CBD Oil Products and Advertising?
December 21, 2018
Passage of the 2018 Farm Bill: America’s Amber Waves of Grain Turn Green. What Does It Mean For CBD Oil Products and Advertising?
By: Nicole Kardell
Much excitement surrounds the 2018 Farm Bill – the Agricultural Improvement Act of 2018 – which President Trump recently signed into law. The hubbub is all about hemp. The new law removes hemp from the Controlled Substances Act and opens markets across the fifty states to hemp and its many derivatives. Farmers and product manufactures are no longer hogtied by an antiquated prohibition from the…
