On August 29, 2022, the Federal Trade Commission (FTC) filed a lawsuit against Kochava, Inc. alleging that Kochava engaged in unfair and deceptive practices by selling the “precise location information” of consumers.
On July 7, 2022, Brazil’s National Data Protection Authority (ANPD) published its semiannual Regulatory Agenda Monitoring Report.
The Supreme Court’s 2021 decision in Facebook v. Duguid changed the landscape of Telephone Consumer Protection Act (TCPA) litigation.
On August 24, 2022, the California Attorney General (AG) announced a first-of-its-kind settlement with Sephora, Inc. (Sephora) over Sephora’s alleged violation of the California Consumer Privacy Act (CCPA).
In a class action with potentially significant impact on data sharing disclosures that companies routinely provide in online privacy policies, the Third Circuit recently ruled that NaviStone, a third party marketing service, was not a “direct party” under the Pennsylvania Wiretapping and Electronic Surveillance Control Act (WESCA) and thus was potentially subject to liquidated damages under that statute for intercepting communications between the plaintiff and the website she had visited.
In an active week for federal regulators, the Federal Trade Commission (FTC) joined the CFPB in announcing important initiatives that may change privacy and data security practices in major ways.
Data privacy and security are again taking center stage in Washington, DC. On the heels of Congress’s introduction of the American Data Privacy and Protection Act (ADPPA), the Federal Trade Commission (FTC) announced on August 11, 2022, that it was seeking public comments on 95 questions in an Advance Notice on Proposed Rulemaking for a Trade Regulation Rule on Commercial Surveillance and Data Security (ANPR).
On August 11, the CFPB published a circular confirming that covered persons and service providers under the Consumer Financial Protection Act (CFPA) may violate the CFPA’s prohibition against unfair acts or practices when they fail to adequately safeguard consumer information.
On Aug. 11, 2022, the U.S. Consumer Financial Protection Bureau (CFPB) issued Circular 2022-04, (Circular) indicating that financial institutions and service providers that fail to adopt sufficient data security measures to protect consumer financial data may violate the Consumer Financial Protection Act (CFPA) provision prohibiting unfair acts and practices.
Some modern data privacy statutes mandate that organizations allow third parties – who are authorized by a data subject – to submit access, deletion, correction, or other requests on behalf of a consumer.
The regulations implementing the CCPA require that a business verify the identity of a consumer that submits a specific-information access request to a “reasonably high degree of certainty.”
The Financial Industry Regulatory Authority (FINRA) in November 2022 released a targeted exam letter pertaining to communications for crypto products and services.
It has been a long and heated debate as to whether NFTs and certain cryptocurrencies can be deemed as securities under applicable laws and precedents.
In a prior post, we wrote about the importance of reviewing the terms governing the sale of an NFT to determine what rights, if any, are included in the sale in order to commercially exploit the asset associated with the NFT, and the confusion that emerges in interpreting such terms through the lens of copyright law.
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