Privacy

Aug 7 2020

FTC Testifies About Threats to Enforcement Authority at Hearing Before Senate Commerce Committee

The Federal Trade Commission recently testified at an oversight hearing before the Senate Committee on Commerce, Science, and Transportation about the agency’s work to protect consumers and promote competition, including its efforts to combat frauds designed to take advantage of consumers during the COVID-19 pandemic. Testifying on behalf of the Commission, FTC Chairman Joseph Simons…

Apr 19 2020

Proposed Privacy Bill Would Bolster FTC Enforcement Authority

Legislation was recently introduced in the Senate that would significantly bolster the Federal Trade Commission’s authority to enforce privacy and data security laws, and preempt the patchwork of presently existing data privacy regimes. Intended to address those that utilize, process and benefit from consumer data in “unfair and deceptive ways,” the Consumer Data Privacy and…

Apr 11 2020

Telemarketing Alert: New York’s Nuisance Call Act

In December 2019, New York Governor Andrew Cuomo signed legislation enacting the Nuisance Call Act. The Act closes a loophole in Do Not Call Registry that permitted live telemarketers to call those on the list. It requires live voice outbound telemarketers to provide consumers the option to be added to the seller’s DNC list. If…

Oct 26 2019

Richard B. Newman Represents Developers in Precedent-Setting ‘Stalking’ App Case

As reported by numerous media outlets, FTC defense attorney Richard B. Newman recently represented developers of so-called “stalking app” in the first-ever case of its kind in the United States. Following an aggressive Federal Trade Commission investigation (CID), the firm successfully resolved charges that the respondents’ products compromised the privacy and security of the consumer…

Mar 30 2019

Federal Digital Marketing Bill of Rights for Minors Seeks to Expand COPPA

As federal lawmakers continue to grapple with what a federal privacy bill might look like, new legislation has been introduced that targets specific data privacy issues. Digital Marketing Legislation Federal legislators have proposed Senate Bill 748, the Digital Marketing Bill of Rights for Minors. If passed, the online privacy legislation would amend the Children’s Online…

Dec 9 2017

SCOTUS Considers Cell Phone Location Tracking Data Privacy Case

On November 29, 2017 the U.S. Supreme Court heard oral argument in United States v. Carpenter, an appeal from a Sixth Circuit decision that held the warrantless collection by law enforcement of historical cell-site location data did not violate the Fourth Amendment. The case has the potential to significantly change how the government collects, uses and…