On January 1, 2014, California’s new “smart meter” privacy law goes into effect, which may impact Internet Service Providers, financial institutions and other businesses that handle or receive smart meter data. On October 5, 2013, California Governor Brown approved the law passed by the Assembly (A.B. 1274) that will require certain non-utility businesses to obtain the […]
Privacy & Cyber Regulatory Enforcement
David Keating Quoted in Law360
David Keating was quoted in a Law360 article titled “FTC Sets High Bar for COPPA Parental Consent Verification” and discussed the COPPA parental consent verification and how the Federal Trade Commission recently rejected the first attempt under the amended COPPA Rule at proposing a parental consent safe harbor method. “Given that data that is collected from […]
Department of Defense Publishes Safeguarding Rule Requiring Contractors to Follow NIST Security Standards, Report Cybersecurity Incidents
On November 18, the U.S. Department of Defense (“DoD”) published a final safeguarding rule (the “UCTI Safeguarding Rule”) applicable to contractors in possession of unclassified yet nonpublic technical information (“UCTI”) that requires them to, at a minimum, satisfy the security controls specified in NIST Special Publication (SP) 800-53 in order to safeguard UCTI. Additionally, the UCTI Safeguarding […]
AvMed’s Novel Data Breach Settlement- First Time Payment to Plaintiffs Who Have Not Suffered Identity Theft as a Result of Data Breach
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 […]
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 […]