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|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...
|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...
|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...
|Healthcare Home Monitoring Company Avoids FCRA Liability Over Stolen Laptop|
Michael J. Zbiegien; Taft Stettinius & Hollister LLP;
November 8, 2014, previously published on October 13, 2014Theft or accidental loss of a laptop, thumb drive or other device is “[t]he single most common way that protected health information is compromised.” And while violating the Health Insurance Portability and Accountability Act’s Privacy and Security Rules can result in...
|Data Breach Security: The Five Best Questions Every Organization Should Answer|
Diane D. Reynolds, William C. Wagner; Taft Stettinius & Hollister LLP;
November 8, 2014, previously published on October 7, 2014The recent news headline “Jimmy John’s Notifies Customers of Payment Card Security Incident” caught our attention because the credit and debit card information was stolen at 216 Jimmy John’s locations, some of which are in states where Taft has offices (Arizona, Illinois,...
|FCC Radio Licenses: Saving Paper Doesn't Change Notice Requirements|
James R. Hobson; Best Best & Krieger LLP;
November 8, 2014, previously published on October 16, 2014Many municipal governments and special districts, especially public safety departments, hold radio licenses or antenna structure permits from the Federal Communications Commission. The FCC is proposing to save paper and staff time by making the authorizations stored on agency databases...
|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...
|FTC Updates Its Mail Order Rule|
Kenneth R. Florin, James D. Taylor; Loeb & Loeb LLP;
October 15, 2014, previously published on October 2014The FTC's "Mail Order Rule" is now the "Mail, Internet, or Telephone Order Merchandise Rule" (16 CFR Part 435).
|Managing Social Media Risks in Healthcare|
Laura R. Hammargren; Mayer Brown LLP;
October 14, 2014, previously published on October 9, 2014The staggering statistics on the use of social media should come as a surprise to no one. According to 2014 numbers, 74% of adults with online access use social networking sites. For Internet users between ages 18 and 29, that figure is over 90%. Facebook alone has 1.32 billion active users.
|Key Privacy Issues in M&A Transactions|
Paul A. Chandler, Lei Shen; Mayer Brown LLP;
October 14, 2014, previously published on October 9, 2014Many merger and acquisition (“M&A”) agreements lack specific representations and warranties regarding privacy issues. Often, this is because deal lawyers do not recognize potential privacy risks where the target company (the “Target”) lacks e-commerce websites or retail...