The FCC today approved a Declaratory Ruling and Order resolving approximately 20 pending petitions seeking clarification of a variety of items relating to the federal Telephone Consumer Protection Act (TCPA). The Commission’s Order expands consumer rights and protections at the expense of legitimate businesses that use modern technologies responsibly to reach consumers. At today’s Open […]
Privacy & Cybersecurity Litigation
Kristy Brown Comments On TCPA Issues In Inside Counsel
Kristy Brown, partner and co-chair of the firm’s Privacy and Data Security Litigation Group, was interviewed by Inside Counsel about the uptick of Telephone Consumer Protection Act (TCPA) litigation and what companies should do to reduce their risk. In the interview, titled “TCPA Litigation: How can companies protect themselves?,” Brown first notes that, “No company […]
The Supreme Court To Resolve Whether a Violation of a Statutory Right Confers Article III Standing
The Supreme Court’s recent decision to hear the appeal in Spokeo, Inc. v. Robins may have significant implications for data breach litigation in particular and consumer class action litigation generally. At issue is whether a plaintiff who has suffered no actual injury or harm nonetheless has standing under Article III of the United States Constitution […]
Court Finds Hulu Did Not “Knowingly” Disclose PII in Violation of VPPA, Grants Summary Judgment
Ending a four-year battle that has helped define the parameters of the Video Privacy Protection Act’s (VPPA) application to new technologies, on March 31, 2015, Northern District of California Magistrate Judge Laurel Beeler dismissed with prejudice the In re: Hulu Privacy Litigation. In doing so, Judge Beeler found that there was simply no evidence that […]
Third Circuit Questions FTC’s Data Security Authority
On March 3, 2015, the Third Circuit heard oral argument in FTC v. Wyndham Worldwide Corp., et al. (“Wyndham”) on the issue of whether the FTC has the authority to regulate private companies’ data security under Section 5 of the FTC Act. This appeal arises out of the District Court’s holding that the unfairness prong […]