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FCC Corrects July 10, 2015 TCPA Order

July 31, 2015 By David Carpenter

This week, the FCC issued the following correction of its July 10, 2015 Order on the Telephone Consumer Protection Act (“TCPA”): In Paragraph 100, the fourth sentence is corrected to read as follows: “It follows that the rule applies per call and that telemarketers should not rely on a consumer’s written consent obtained before the […]

Filed Under: Privacy, Privacy Litigation, Privacy Policy Tagged With: Federal Communications Commission (FCC), Telephone Consumer Protection Act (TCPA)

Canadian Parliament Amends PIPEDA with the Digital Privacy Act

July 13, 2015 By Privacy, Cyber & Data Strategy Team

On June 18, 2015, the Canadian Parliament passed into law the Digital Privacy Act (the “Act”), which amends Canada’s federal data protection statute, the Personal Information Protection and Electronic Documents Act (PIPEDA). PIPEDA applies to businesses in every Canadian province except British Columbia, Alberta and Quebec; however, businesses in those provinces may become subject to […]

Filed Under: Data Security, Enforcement, Privacy Tagged With: Digital Privacy Act, Personal Information Protection and Electronic Documents Act

FCC TCPA Order has Harsh Impact on Businesses

July 11, 2015 By David Carpenter

On July 10, 2015, the FCC entered its long awaited Order on 21 petitions seeking clarification on a number of issues related to the federal Telephone Consumer Protection Act (“TCPA”).  A copy of the complete Order is available here https://www.fcc.gov/document/tcpa-omnibus-declaratory-ruling-and-order.  The Order is consistent with comments that the FCC made during its open hearing on […]

Filed Under: Privacy, Privacy Litigation, Privacy Policy Tagged With: Federal Communications Commission (FCC), Telephone Consumer Protection Act (TCPA)

Rhode Island Updates Identity Theft Protection Act; Requires Notice Within 45 Days of Data Breach

July 5, 2015 By Privacy, Cyber & Data Strategy Team

In the absence of action by the U.S. Congress to pass a national data breach notification law, many states stepped into the breach to update their laws this year to add more specific notice guidelines, a requirement to notify the state’s attorney general or another state official, and to require entities that maintain personal information […]

Filed Under: Cybersecurity, Data Breach, Data Protection, Legislation, Privacy Tagged With: Identity Theft, US State Law

FCC’s TCPA Ruling Delivers Blow To Businesses

June 18, 2015 By Kelley Barnaby and David Carpenter

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 […]

Filed Under: Privacy, Privacy Litigation, Privacy Policy Tagged With: Federal Communications Commission (FCC), Telephone Consumer Protection Act (TCPA)

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