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Wyndham v. Deflategate: Where Are the Goal Posts?

As a privacy litigator, I could not help but observe an apparent contradiction in the way the Third Circuit allowed the FTC to pursue Wyndham Hotels for cybersecurity breaches under the FTC Act, but...

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“And That’s the End!” 11th Circuit Ends VPPA Action in Ellis, But Leaves the...

Digital content and media providers got some good news from the U.S. Court of Appeals for the Eleventh Circuit in October when the court held that plaintiffs must be “subscribers” and not just users of...

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ALJ Dismisses FTC Data Breach Action Against LabMD

In the first ruling rebuking the Federal Trade Commission’s cybersecurity enforcement efforts, the FTC’s head administrative law judge dismissed the FTC’s complaint against LabMD, Inc., on November 13,...

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What Does Campbell-Ewald Mean for Your Business?

A recent ruling by the United States Supreme Court held that a defendant cannot terminate a putative class action by offering the representative plaintiff complete relief, rejecting some courts’...

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FCC Adopts NPRM for ISP Privacy at March Open Meeting

Late this afternoon the FCC adopted a Notice of Proposed Rulemaking (NPRM) proposing new rules governing the privacy practices of Internet Service Providers (ISPs) at its monthly open meeting, which...

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Tennessee Gives Businesses 45 Days for Data Breach Notice

Recent amendments to the State’s data breach statute give a hard deadline for a business to provide consumer notice, removes encryption safe harbor, exempts entities that are subject to the Health...

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The FCC’s Privacy NPRM: A Closer Look at the Commission’s Legal Authority and...

As we have previously advised, the FCC’s proposed rulemaking to “protect the privacy of customers of broadband and other telecommunications services” (the “NPRM”) proposes sweeping changes to the ways...

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First Circuit and FTC Address Definitions of “PII,” While Michigan Amends...

On April 29, 2016, the U.S. Court of Appeals for the First Circuit handed down its widely anticipated opinion in Yershov v. Gannett Satellite Information Network, Inc., in which it expanded the reach...

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SCOTUS Vacates Ninth Circuit’s Spokeo Decision

When the Supreme Court granted certiorari in Spokeo v. Robins, it was clear that a ruling in the case would have significant implications for litigation under privacy statutes. The issue before the...

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Supreme Court’s “Standing” Ruling in Spokeo and Its Impact on Pending and...

The U.S. Supreme Court recently issued its much-anticipated ruling in Spokeo v. Robins, in which the Court considered whether Congress can confer Article III standing on a plaintiff to bring an action...

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DC Circuit Affirms FCC’s Open Internet Order

Today the U.S. Court of Appeals for the D.C. Circuit rejected multiple Petitions for Review and upheld the FCC’s Open Internet Order. That order reclassified wired and mobile broadband Internet access...

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FTC Settles Case against Vulcun for Force-Installing Apps

On May 10, the Federal Trade Commission (FTC) announced it had approved an order with General Workings, Inc., d/b/a “Vulcun,” settling charges that the company violated the Federal Trade Commission Act...

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More Talk on Further OIO Review… And Will the Sixth Circuit Look at How the...

It seems likely that one or more Petitioners in the consolidated case USTA v. FCC will seek review, either en banc or in the Supreme Court, of the D.C. Circuit’s decision released on June 14th. (DWT’s...

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Definition of “PII” Under VPPA Continues to Evolve with 3rd Circuit Ruling

On June 27, 2016, the U.S. Court of Appeals for the Third Circuit became the latest appellate court to weigh how the Video Privacy Protection Act (VPPA or “the Act”) – a 1988 statute meant to protect...

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6th Circuit Reverses FCC’s Preemption of State Law

Yesterday the Sixth Circuit granted two petitions for review in The State of Tennessee et al. v. FCC and issued its opinion reversing the FCC’s order that preempted the laws of Tennessee and North...

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Ninth Circuit Rules All Common Carriers Beyond Reach of FTC’s Consumer...

In a decision that could significantly impact the scope of the Federal Trade Commission’s consumer protection authority under Section 5 of the FTC Act, the U.S. Court of Appeals for the Ninth Circuit...

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Hotly Anticipated Broadband Privacy Order Released by FCC

On Nov. 2, 2016, the FCC released its long-awaited broadband privacy Order and rules by a 3-2 vote. The Order comes nearly 18 months after the Commission moved to reclassify broadband internet access...

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The Real Takeaway from VIZIO’s Privacy FTC Settlement

It has been widely reported that VIZIO, Inc., a large television manufacturer, settled a Complaint brought by the FTC and the Attorney General of New Jersey for $2.2 million for alleged unfair and...

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The Need for Speed 2: FCC Releases Final NPRM to Accelerate Broadband Deployment

On April 21, 2017, the Federal Communications Commission (“Commission”) released its final version of the combined Notice of Proposed Rulemaking, Notice of Inquiry and Request for Comment in the matter...

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Eighth Circuit Affirms FCC’s 2015 Order Equalizing Cable and Telecom Pole...

On Monday, July 31, 2017, the U.S. Court of Appeals for the Eighth Circuit, in a unanimous opinion, affirmed the FCC’s November 2015 Order on Reconsideration closing the “telecom formula loophole” to...

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