Written by Cynthia and Michele So you thought that if you made “full disclosure” in your online agreements with customers, you’d be OK — well, it’s time to think again. The FTC recently confirmed in In re Sears Holdings Management Corp that even full disclosure of company practices in an end user license agreement (“EULA”)… Continue Reading
Legislation
Subscribe to Legislation RSS FeedMaine Lawsuit Dismissed and Law “Likely Unconstitutional”
Posted in LegislationThe kerfuffle over the controversial Maine law slated to become effective this week that would have prohibited all marketing to minors has been dismissed. Yesterday, the District of Maine issued a Stipulated Order of Dismissal stating that there is a likelihood that the statute is “overbroad and violates the First Amendment.” Further (and perhaps more… Continue Reading
Maine AG – I Will Not Enforce New Marketing Law
Posted in LegislationIt looks as though Maine’s Attorney General will not enforce a controversial new state law that restricts marketing to minors, but has drawn a federal lawsuit because plaintiffs argued that the law swept too broadly. The Wall Street Journal today reports that a spokesperson for Maine AG Janet Mills said that Mills will not be… Continue Reading
Lawsuit Filed to Block New Maine Marketing Law
Posted in LegislationAs expected, a lawsuit was filed yesterday in U.S. District Court for the District of Maine seeking to block enforcement of the controversial new Maine marketing law we discussed in this blog last month. The plaintiffs are the Maine Independent Colleges Association, Maine Press Association, NetChoice, and publisher Reed Elsevier, Inc. NetChoice is a coalition… Continue Reading
Changes to the Massachusetts Data Security Regulations: What do they really mean?
Posted in LegislationNow that the dust has settled after this week’s “Breaking News” regarding the proposed changes to the Massachusetts data security regulations, here is an analysis of what the changes actually mean to the business community. Some other interesting commentary is linked below: Evan Schuman – Storefront Backtalk
BREAKING NEWS – Changes to 201 CMR 17.00
Posted in LegislationJust released – proposed amendments to the Massachusetts data security regulations — and a three-month extension of time to comply. Stay tuned for a full analysis.
BREAKING NEWS — FTC Delays Enforcement of “Red Flag” Rules —Again
Posted in LegislationBREAKING NEWS: The Federal Trade Commission has again extended the enforcement deadline for the Red Flags Rule, according to an agency press release. Creditors and financial institutions now have until November 1, 2009 to come into compliance with the rule, which was mandated by the Fair and Accurate Credit Transactions Act of 2003. Meanwhile, the… Continue Reading
New E-Discovery Rules in California
Posted in LegislationIt’s not necessarily a “privacy” issue, per se, but electronic discovery (known as “e-discovery”) rules of litigation require that companies plan ahead with respect to document retention. Here is the latest on the new California e-discovery rules just enacted.
State BT Legislation
Posted in LegislationMuch as it is with general federal privacy legislation, nature abhors a vacuum, and the states take up the “hot potato.” In the same realm as the last post, Massachusetts and several other states have legislation working their way through the current legislative session dealing with BT. The Massachusetts bill, H 313, heads for a… Continue Reading
Major Consumer Protection Actions at FTC
Posted in LegislationThere is increased activity at the Federal Trade Commission on the consumer protection front. David Vladeck, the FTC’s new director of the Bureau of Consumer Protection is wasting no time in getting down to business. With less than a month on the job, Vladeck announced two major enforcement actions: one involving a nationwide crackdown against… Continue Reading
Breaking News – SCOTUS
Posted in LegislationReuters reports that the U.S. Supreme Court this morning refused to hear an appeal requested by two companies that want a New Hampshire prescription privacy law overturned. According to the article, the high court rejected without comment the request of Verispan and IMS Health, who argued that a law prohibiting companies from using physicians’ prescribing… Continue Reading
FTC: BT Inquiry Coming “Soon”
Posted in LegislationApparently, the FTC plans on stepping up the Commission’s inquiries into online behavioral tracking. That’s what an American Bar Association Antitrust Section conference on consumer protection heard last week from two senior FTC officials. On his third day on the job, David Vladeck, director of the FTC’s Bureau of Consumer Protection, said he plans to… Continue Reading
FTC Issues Consent Order for GLBA Violations
Posted in LegislationIn the run-up to the enforcement deadline for the Identity Theft Red Flag Rule (August 1, 2009 – more on that in another post), enforcement of the Gramm-Leach-Bliley Privacy Rule and Safeguards Rule has not been forgotten by the Federal Trade Commission. This week, the FTC issued a consent order against mortgage lender James B…. Continue Reading
