In late December, the Federal Trade Commission and Florida Attorney General filed an amended complaint in an action pending in the United States District Court for the Middle District of Florida that charged nine defendants with violations of the Federal Trade Commission Act, the Telemarketing and Consumer Fraud and Abuse Prevention Act (“Telemarketing Act”), the
FCC Files Responsive Brief in D.C. Circuit Appeal in Support of Controversial TCPA Order
On January 15, the Federal Communications Commission defended its controversial July 10, 2015 Order (the “Order”) expansively interpreting the Telephone Consumer Protection Act (“TCPA”) in a 110-page brief filed in ACA International et al. v. FCC et al., where several consolidated challenges to the Order by businesses and trade groups are being heard in
In New Plot Twist, Appellate Court Allows FanDuel and DraftKings to Operate in New York; A.G. Seeks Restitution of all Funds Obtained from Consumers
The battle between New York Attorney General Eric Schneiderman and daily fantasy sports companies, FanDuel and DraftKings, continues. On January 11, the First Department of the Appellate Division of the New York Supreme Court allowed the sites to operate while FanDuel and DraftKings appeal a lower court’s order to shut them down. The First Department
Data Breach Case Tossed for Lack of Concrete Harm
On January 7, the District Court for the District of Minnesota tossed a putative class action against SuperValu, Inc., finding that the plaintiffs’ claims of possible future harm were too speculative to satisfy Article III standing requirements.
In this multi-district litigation, sixteen named plaintiffs alleged they were harmed by two 2014 data breaches
Dental Practice Software Provider Settles with FTC Over Deceptive Encryption Claims
Henry Schein Practice Solutions, Inc., the provider of leading office management software for dental practices, has agreed to pay $250,000 to settle Federal Trade Commission charges for allegedly misrepresenting the advertised level of encryption it provided to protect patient data.
Schein sold management software, known as Dentrix G5, to dental practices. Dentists used Dentrix G5
The FCC Continues to Expand the Scope of the TCPA
On January 11, in Club Texting, Inc.’s Petition for a Declaratory Ruling, the Federal Communications Commission issued an Order that has the potential of increasing the scope of senders who can be liable for unwanted text messages under the Telephone Consumer Protection Act (“TCPA”). In the process, the FCC doubled-down on its controversial July
DOJ Battles Facebook on Constitutionality of TCPA
On December 11, 2015, the United States Department of Justice filed an intervenor’s brief in support of the constitutionality of the “emergency calls exception” in the Telephone Consumer Protection Act (“TCPA”), a federal statute regulating the usage of automatic telephone dialer systems. The issue embroils the government in a consumer dispute with Facebook, which is
FTC Reminds Businesses That Big Data Can Lead to Big Discrimination
“The era of big data has arrived,” begins the Federal Trade Commission’s report released on January 6, entitled “Big Data: A Tool for Inclusion or Exclusion? Understanding the Issues.” The report demonstrates that the FTC and industry will continue to draw lines on the use of data analytics into 2016.
The phrase “big data,” according
Why 2016 Will Be a Big Year for Big Data
The coming year will raise many questions about how e-commerce, social media and “ad tech” may continue collecting and using consumer data. Last year, legal developments left organizations that store and collect consumer information to wonder: (1) What are the limitations of data collection on the Internet; (2) how can data be used; and (3)
House Passes Fairness in Class Action Litigation, Substantially Altering Class Action Practice
Last Friday, the U.S. House of Representatives passed a bill that would heighten the standards for obtaining class certification by requiring extra scrutiny as to the continuity of the damages claimed by the class representative and the putative class members. Lawmakers voted 211-188 to pass H.R. 1927, the Fairness in Class Action Litigation and