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|US FCC Enforcement Action Represents Unprecedented Expansion of the Agency’s Authority Over Data Security|
Lei Shen, Howard W. Waltzman; Mayer Brown LLP;
November 14, 2014, previously published on October 28, 2014The US Federal Communications Commission (FCC) is asserting unprecedented authority to regulate data security matters with its recent action against two telecommunications carriers for failing to protect customers’ personal information from unauthorized disclosure. The FCC issued a Notice of...
|Home Depot Data Breach Litigation: Venue and Consolidation|
Kevin M. McGinty; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
November 14, 2014, previously published on November 5, 2014Substantive litigation in the flood of lawsuits concerning the recent Home Depot data breach awaits a determination of where the cases will be heard. Numerous overlapping lawsuits have been filed in courts throughout the United States asserting claims on behalf of consumers and financial...
|Singapore's Data Protection Law|
Elaine Ho, Sushma Jobanputra, Anita Leung, Mauricio F. Paez; Jones Day;
November 12, 2014, previously published on October 2014Vast amounts of personal data are collected from or about individuals every day, and then used and transferred by organizations. In response to this growing trend and concerns regarding how such personal data is used, Singapore recently introduced the Personal Data Protection Act (Act 26 of 2012)...
|FCC Issues Massive $10 Million Fine in its First-Ever Data Security Enforcement Action|
Michael F. Dolan, Richard J. Johnson, J. Todd Kennard, Bruce A. Olcott, Mauricio F. Paez; Jones Day;
November 12, 2014, previously published on October 2014The Federal Communications Commission ("FCC") voted on October 24, 2014 to pursue fines of $10 million against two companies for alleged violations of laws protecting the privacy of telephone customers' personal information. This is the second major enforcement action the FCC has taken to...
|TCPA Reform Heats Up: Opt Out Required for Solicited Faxes, and a Court Decision Pulls Back on Autodialers|
William F. Dolan, Richard J. Johnson, J. Todd Kennard, Bruce A. Olcott, Mauricio F. Paez; Jones Day;
November 12, 2014, previously published on November 2014As previewed this summer, topics related to the Telephone Consumer Protection Act ("TCPA") appear to be ripe for reform at the Federal Communications Commission ("FCC") and beyond. Two recent decisions, one by the FCC and another by a U.S. District Court in the Southern District...
|California Attorney General Calls for Greater Data Protection, and Recommends Adoption of Chip and Pin Payment Card Technology|
Michael G. Morgan, Mauricio F. Paez, Katherine S. Ritchey, Gregory P. Silberman, Olivia C. White; Jones Day;
November 12, 2014, previously published on October 2014Data breaches are on the rise-and so is government enforcement action and data breach litigation. Retailers are not the only ones at risk; data breaches are affecting a growing number of industries. In addition to recent privacy enforcement actions from the Federal Trade Commission and now the...
|It Can Happen to Your Business - Don’t Let a Data Breach Catch You Unprepared|
Randal K. Mullendore; Husch Blackwell LLP;
November 12, 2014, previously published on October 27, 2014Almost every day brings a new report of a significant cyber-security breach. National retailers, large financial institutions, and local entities large and small have been recent victims of cyber-hacking. Financial institutions, health care providers, and retailers are frequent targets of cyber...
|NARB Panel Cautions Use of Online Consumer Reviews to Substantiate Claims|
Thomas P. Jirgal, David Mallen; Loeb & Loeb LLP;
November 11, 2014, previously published on October 2014A recent ruling by the National Advertising Review Board (NARB) cautions companies about using online customer reviews to support "most recommended" claims, reminding advertisers that are eager to leverage customer feedback and online reviews for marketing purposes that they must adhere...
|California Approves Consumer Law Protecting Right to Leave Negative Online Reviews|
Richard M. Assmus, Maximillian L. Del Rey, John Nadolenco; Mayer Brown LLP;
November 8, 2014, previously published on October 16, 2014User-driven websites, where users are able to leave feedback about products or businesses, have increasingly become the backdrop for disputes over the non-disparagement clauses used to shield businesses from critical online reviews. Companies use these clauses to create penalties for consumers who...
|UK Competition Appeal Tribunal Overturns Online Hotel Booking Decision|
Jane Elphick, Becket McGrath; Edwards Wildman Palmer LLP;
November 8, 2014, previously published on October 23, 2014In its 26 September judgment in Skyscanner Ltd v. Competition and Markets Authority, the UK Competition Appeal Tribunal (CAT) for the first time overturned a commitments decision of the Office of Fair Trading (OFT - since 1 April, the Competition and Markets Authority or CMA). The decision under...