Recently, AvMed agreed to pay $3 million in a data breach settlement. What sets this apart from other data breach settlements is Plaintiffs who have not suffered identity theft as a result of the breach may nevertheless collect from the Settlement Fund. Plaintiffs who did not suffer identity theft claimed they were injured by overpaying […]
Privacy
Prior Express Written Consent Now Required for Sending Marketing Messages via Robocall or Text Message; Questions Remain Regarding Pre-Existing Databases and Purely Informational Messages
Companies that have amassed databases of consumers’ landline and mobile numbers for telemarketing purposes are left in a quandary as to whether they must obtain additional consent from consumers to comply with the new Telephone Consumer Protection Act (“TCPA”) rule. As of Wednesday October 16, 2013 companies that use prerecorded calls, autodialers or text messages […]
A+B Privacy Litigation Partner Dominique Shelton Quoted by BNA Bloomberg “Privacy Law Watch”
Several comments made by Dominique Shelton, a partner in the firm’s Litigation & Trial Practice Group, as part of the International Association of Privacy Professionals Privacy Academy in Bellevue, Washington, were included in a BNA Bloomberg Privacy Law Watch article discussing the conference panelists’ discussion on achieving mobile privacy compliance goals. As moderator, Shelton noted that […]
California Privacy Ballot Initiative Moves Forward: Act Would Amend California Constitution to Set Standards for Collection and Protection of Personally Identifying Information, including Financial and/or Health Information
California Secretary of State Debra Bowen has allowed signature collection to commence for a ballot initiative, named the Personal Privacy Protection Act, that could drastically alter the California privacy regime. The initiative, led by former state Senator Steve Peace and retired attorney Michael Thorsnes, seeks to amend the California Constitution to define personally identifiable information […]
Update: California Governor Brown Signs into Law A.B. 370, “Do Not Track Disclosure Law”
On September 27, 2013, California Governor Brown signed into law A.B. 370, amending the California Online Protection Act (CalOPPA) to require two new privacy policy disclosures for websites and online services regarding behavioral tracking. California Assembly member Al Muratsuchi (D-Torrance), who introduced A.B. 370, released a statement in which he said the amended law “will protect […]