Privacy
Richard B. Newman Quoted in Cybersecurity Law Report on Xbox and Alexa FTC COPPA Case Lessons: Biometrics, Avatars and Other New Expectations
By Richard B. Newman |
FTC advertising compliance and defense lawyer Richard B. Newman was recently quoted in an article for Cybersecurity Law Report titled “Xbox and Alexa COPPA Case Lessons: Avatars, Biometrics and Other New Expectations.” The article discusses the FTC’s recent privacy enforcement run and how it reinforces regulators’ expanding expectations for companies using video and audio recordings, smart devices…
FTC Explores Environmental Claims and Civil Penalty Rulemakings
By Richard B. Newman |
On May 23, 2023, the Federal Trade Commission hosted a national workshop designed to consider the current state of recycling practices and recycling-related advertising. This follows an FTC announcement in December 2022 that the agency was seeking public comment on potential updates and changes to its ‘Green Guides’ for the use of environment marketing claims. …
FTC Compliance and Defense Lawyer Discusses Existential Threat to Lead Generation Industry
By Richard B. Newman |
As previously blogged about here, the FCC recently proposed a rule that would turn the lead generation on its head. The proposed new rule goes quite a bit further than simply requiring wireless carriers to block texts from illegitimate numbers. See more, here. In addition to carrier investigation and blocking obligations, as well as an extension of DNC…
FCC Proposed Rule Would Turn Lead Generation Industry on its Head
By Richard B. Newman |
The FTC has issued a Notice of Proposed Rulemaking that would devastate the lead generation industry if enacted. The FCC Chairwoman has proposed a new rule that would block unlawful robotexts. Read more, here. The FCC first issued a Report and Order requiring mobile wireless providers to block text messages from numbers on a reasonable Do Not…
Use of Certain Technologies to Track Web Session Data May be Unlawful
By Richard B. Newman |
Attention Lead Generators The Ninth Circuit Court of Appeals recently held that use of certain technologies on a websites in order to track and record web session data before obtaining affirmative consent may be a violation of California’s wiretap statute. In the case of Javier v. Assurance IQ, LLC and ActiveProspect Inc. (*not precedent except as…
Good Consent-Based TCPA Win for Lead Generators
By Richard B. Newman |
Volkswagen launched a marketing campaign. It paid dealerships nationwide to retain a third party to place service reminder calls to their customers. Automated technologies were purportedly used to make calls to plaintiff without consent. The Central District of California decertified a class of these TCPA plaintiffs because consent issues were so individualized that the plaintiffs…