Technology

Three Things Lead Generators Must Know About the New FCC Single Seller Rule

As previously blogged about here, the Federal Communications Commission recently published the final, single-seller lead generator consent rule (the “Rule”).  The Rule amends the definition of “prior express written consent” for purposes of the Telephone Consumer Protection Act and will dramatically impact the lead generation industry. How Does the FCC’s One-to-One, Single Seller Rule Impact…

FTC Statement Regarding TikTok Complaint Referral to DOJ

On June 18, 2024, the Federal Trade Commission released a statement regarding the agency’s referral to the Department of Justice a complaint against TikTok, the successor to Musical.ly, and its parent company ByteDance Ltd. The FTC’s investigation of these companies began in connection with its order compliance review of Musical.ly following a 2019 settlement with…

FTC Authorizes Use of Civil Investigative Demands (CIDs) for AI-Related Products and Services

On November 21, 2023, the Federal Trade Commission announced that it has approved an omnibus resolution authorizing the use of compulsory process in non-public investigations involving products and services that use or claim to be produced using artificial intelligence (AI) or claim to detect its use.  The resolution will streamline the FTC staff counsel’s ability to…

Richard B. Newman Quoted in Cybersecurity Law Report on Xbox and Alexa FTC COPPA Case Lessons: Biometrics, Avatars and Other New Expectations

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 Requires Microsoft to Pay $20 million over Charges it Illegally Collected Personal Information from Children without Parental Consent

On June 5, 2023, the FTC announced that Microsoft will pay $20 million to settle agency charges that it violated the Children’s Online Privacy Protection Act (“COPPA”) by collecting personal information from children that signed up to its Xbox gaming system without notifying their parents or obtaining their parents’ consent, and by illegally retaining children’s…

Use of Certain Technologies to Track Web Session Data May be Unlawful

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…