On March 10, 2022, the California Office of Attorney General Rob Bonta (OAG) issued an opinion (the Opinion) interpreting the California Consumer Privacy Act (CCPA) and concluding that consumers have a right to know “internally generated inferences” drawn from the consumer when they are derived from personal information and are used to create a profile … Continue Reading
Hollywood movie star Reese Witherspoon and her clothing line, Draper James, LLC, have found themselves the subjects of a public relations debacle, and now, a class action after running a promotion for teachers that has gone horribly wrong. To read more about the implications of advertising and promotion rules and the impact of the California … Continue Reading
On February 13, 2020, the German Federal Ministry of Justice and Consumer Protection (BMJV) published a proposal to soften the regulatory requirements for influencers for labeling their posts as advertising (Proposal). Under the Proposal, statements posted on social media about products for which no consideration was given – either in the form of monetary compensation … Continue Reading
New York Attorney General (AG) Letitia James has sued Dunkin’ Brands, Inc. (franchisor of Dunkin’ Donuts) over two data breaches in 2015 and 2018, accusing the company of mishandling a series of cyberattacks that together compromised more than 320,000 customer accounts. In the complaint filed last week, AG James accused Dunkin’ of engaging in fraudulent practices and … Continue Reading
On 20 June the ICO (the Information Commissioner’s Office), the UK privacy regulator, released an ‘Update Report’ on real-time bidding (RTB). These summaries throughout the last week may have you questioning how serious this is and what, if anything, your next steps should be. Visit reedsmith.com to learn more about the actions you should take … Continue Reading
On January 3, the city of Los Angeles accused TWC Product and Technology, LLC (“TWC”) (an International Business Machines Corporation subsidiary) of violating millions of American consumers’ privacy. In the civil lawsuit, Los Angeles City Attorney Michael Feuer alleged TWC misled users of its Weather Channel app to turn on precise location tracking by suggesting, … Continue Reading
The European Union’s General Data Protection Regulation (GDPR) is underway, and companies and organizations around the world are analyzing its effects on how they collect, use, store and disclose data. U.S.-based sponsors of sweepstakes, contests, instant win games and other promotions opening entry to or targeting Europeans need to be mindful of the GDPR rules … Continue Reading
The much-awaited Decree No. 2017-159 of February 9, 2017 on digital advertising services (the “Sapin Decree”) has entered into force as of January 1, 2018. This Decree adapts the rules of the French Sapin law of January 29, 1993 – originally introduced for traditional media, i.e. television, radio and press – to digital media and … Continue Reading
ANA Magazine recently published an article discussing the upcoming regulatory changes as a result of new EU privacy regulations. Please click here for the article. You will need an free ANA account to access the content. Just sign up and you will have immediate access.… Continue Reading
Kirkland, Inc. will face a putative class action for allegedly violating the Fair and Accurate Credit Transactions Act (“FACTA”). The plaintiffs filed their complaint against Kirkland in April 2017 for displaying the first six and the last four digits of their credit card or debit card numbers on their purchase receipts. According to the plaintiffs, … Continue Reading
Happy Holidays Readers! We wanted to share this very interesting post from the Children’s Advertising Review Unit (CARU) that discusses important issues to consider when buying that new high-tech toy.… Continue Reading
As we’re now less than a year away from the GDPR taking effect, there is a lot of confusion out there over myths versus reality. Reed Smith presenters will participate in a webinar hosted by the Association of National Advertisers (ANA) that will explore the practical considerations and the new thinking that brands and their … Continue Reading
Responding to news reports that journalists were able to purchase advertising on Facebook targeted to ethnic groups, Facebook announced several new changes to the company’s advertising products. The move highlights heightened scrutiny of advertising practices surrounding the increasing use of big data in many aspects of marketing and advertising. Facebook’s response grew out of a … Continue Reading
Last week, the FCC’s Enforcement Bureau issued an enforcement advisory reiterating its position that autodialed text messages must comply with requirements set forth in the Telephone Consumer Protection Act (TCPA). Though it is unclear what prompted this specific advisory (perhaps, the upcoming holiday season), the Enforcement Bureau issued the warning in order to promote understanding … Continue Reading
On October 25, the Federal Trade Commission released “Data Breach Response: A Guide for Business,” its latest guidance on data privacy and security regulation. The Guide seeks to help businesses comprehend the Agency’s understanding of both legal requirements and best practices, although what is legally required versus what is encouraged continues to be challenging for … Continue Reading
On October 27, 2016, the FCC adopted a new set of privacy and data security regulations applicable to “broadband service providers and other telecommunications carriers.” The rules place new restrictions on internet service providers’ (“ISPs”) ability to use and share their customers’ data. The Commission established two data classifications: (1) sensitive information, and (2) non-sensitive … Continue Reading
In 2007, Google bought online ad network DoubleClick, which uses cookies to collect and store data about Google users from their browsing history, to best place clients’ ads. This past June, Google revised its privacy policy to state that users’ activities on other sites tracked by DoubleClick “may be associated with [their] personal information.” This … Continue Reading
Lyft, Inc. – the popular ride hailing service featuring the iconic pink moustache – is facing a second class action lawsuit in California alleging violations under the Telephone Consumer Protection Act (“TCPA”). The complaint alleges that Lyft sent unwanted and unsolicited text messages to cellphones using an automated dialing system without first obtaining express written consent … Continue Reading
Last week, the Office of Management and Budget created a new dedicated position for privacy within the Office of Information and Regulatory Affairs (“OIRA”). The privacy position will streamline the United States Government’s privacy practices, including: Leading efforts to develop and implement consistent, comprehensive and forward-looking Federal privacy policies, strategies and practices across agencies; Collaborating … Continue Reading
Earlier this week, a putative class action was brought against the NBA’s Golden State Warriors concerning the team’s mobile application. According to the complaint, the free app provides an interactive experience for fans by delivering scores, news and other information relevant to the Golden State Warriors. The plaintiffs allege that the app contains certain Bluetooth beacon software … Continue Reading
Yesterday, the Electronic Privacy Information Center (“EPIC”) and the Center for Digital Democracy (“CDD”) filed a complaint with the Federal Trade Commission against WhatsApp, Inc. According to the complaint, WhatsApp posted an entry on its company blog on August 25, 2016 announcing an update to its Terms of Service and Privacy Policy. The updated Privacy … Continue Reading
Fallout remains from the Court of Justice of the European Union ruling declaring the long standing EU-US Safe Harbor framework invalid. The decision will have widespread implications on how global corporations manage the international transfer of data. This webinar will offer practical solutions to companies to mitigate risks while transferring data across global borders. What … Continue Reading
