Data Privacy

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The unprecedented disruption caused by the novel Coronavirus (COVID-19) pandemic has created challenges for brands. Temporary and perhaps permanent changes to advertising and marketing strategies and executions have occurred and will continue to impact brands.

On Tuesday, March 31, 2020, Douglas Wood and Keri Bruce, partners at Reed Smith LLP, the ANA’s General Counsel…

San Francisco’s public transportation agency and the creator of the agency’s suspicious activity reporting smart phone application have been accused of illegally collecting, tracking, and storing users’ personal information and location data without their consent, in violation of California statutory and constitutional protections. A putative class action complaint, which was filed this week in a…

CarSure, LLC, a Texas-based aftermarket automotive warranty seller, faces a lawsuit brought by a group of Wisconsin car owners who claim that the company violated the Driver’s Privacy Protection Act (“DPPA”) by purchasing the motor vehicle records of Wisconsin car owners from third-party data suppliers.

According to the suit, CarSure purchased data from a third-party…

A recent class action lawsuit is alleging that cell phone manufacturer Blu Products, Inc. (“Blu”) and firmware providers Shanghai Adups Technology Co., Ltd. and Adups USA LLC (“Adups”) violated several federal privacy laws by selling cell phones containing firmware that collected user’s sensitive personal information and transmitted that information to servers in China. This complaint…

Michigan Attorney General Bill Schuette filed a brief this week intervening in a federal lawsuit between a subscriber of Consumer Reports magazine and publisher Consumers Union of the United States (“Consumers Union”) to defend the constitutionality of the Michigan Preservation of Personal Privacy Act. The Act prohibits businesses “engaged in the business of selling at…

Data breaches are increasingly posing massive risks to brands. On Tuesday, September 16 at 1:00 p.m. EDT, Mark Melodia, head of our firm’s Global Data Security, Privacy & Management Group will be presenting a webinar, hosted by the ANA, to discuss strategies companies must implement to mitigate risk and damage to brands. He will examine the crucial ways for brands to work effectively with outside counsel – from initial indications and preparedness to litigation, reporting and resolution. Mark also will touch upon effective management of external support vendors to maintain privilege and confidentiality and, as appropriate, how to interface with law enforcement (including the FTC), state attorneys general and others.
Continue Reading ANA Webinar – Protecting Brands in the Event of a Data Breach

There has been a proliferation of wearable devices hitting the market, such as Google Glass, Fitbit and others, all with the ability to collect data and track behavior. These “wearables” have begun to receive some scrutiny by senators and regulators, including New York’s senior senator Chuck Schumer, who recently urged the FTC to push fitness device and app companies to provide users with a clear opportunity to “opt-out”, since personal information may be potentially sold to third parties without the users’ knowledge or consent. For additional information on this story, please read the latest post on our firm’s Global Regulatory Enforcement Law Blog.
Continue Reading Wearable is the New Black (and Latest Privacy Risk)

Last month, Snapchat reached a settlement with the Maryland Attorney General over alleged deceptive trade practices regarding Snapchat’s marketing claims that user “snaps” disappear forever. In addition, the Attorney General alleged that Snapchat had violated the Children’s Online Privacy Protection Act (COPPA). This settlement follows a similar settlement between Snapchat and the Federal Trade Commission, which we reported on previously.

After announcing the settlement, Attorney General Douglas F. Gansler said that “despite Snapchat’s marketing claims to the contrary, no company can fully prevent content you send to someone else from being copied, shared or posted online[.]” Attorney General Gansler went on to state that companies operating online or through mobile devices have a responsibility to safeguard user privacy and to be transparent about the information they collect. According to Attorney General Gansler, Snapchat misrepresented to consumers that pictures and video messages sent using the Snapchat mobile application are only viewable temporarily, when in fact they can be captured by the recipient for future viewing or circulation. As a result of these representations, some Snapchat mobile application users may have sent pictures or video messages they would not have sent were these risks adequately disclosed. The Attorney General further alleged that Snapchat secretly collected information from users’ contact lists without their consent, and that Snapchat failed to comply with COPPA by knowingly collecting the personal information of children under the age of 13 without verifiable parental consent.
Continue Reading Snapchat Settlement with MD AG Marks Latest State-Level Privacy Enforcement Action

The FTC released its report “Data Brokers: A Call for Transparency and Accountability”, which calls for more transparency and accountability from the companies that collect, resell or share consumers’ personal information, generally known as data brokers. While the report mentions some of the benefits of these companies, it strongly emphasizes their associated risks, noting that data brokers often store delicate consumer information, potentially exposing consumers to fraud, theft, and other types of consumer harm. One of the FTC’s key findings was that consumers have little access or control over their information once it is provided to data brokers, sparking a call for legislative action for increased transparency and accountability. For more information on this issue, please read the latest post on our Global Regulatory Enforcement blog.
Continue Reading FTC Calling for Legislation in Recent Report on Data Brokers