Bad facts for the Federal Trade Commission? Maybe. Resulting in bad law from the FTC’s perspective? Maybe. What is certain is that the Third Circuit has issued a significant decision that may very well flip the Federal Trade Commission’s ability to challenge prior conduct in federal court on its head. FTC defense lawyer Richard B. Newman has … [Read more...]
FTC Absorbs Multiple Blows to its Enforcement Authority
The Federal Trade Commission has historically achieved significant and almost unchecked success fending off challenges to the agency’s authority to use the FTC Act to collected money and hold individuals liable. Until now. Remedial Arsenal Under Attack Section 13(b) of the FTC Act authorizes the FTC to seek preliminary injunctive relief where the agency has “reason … [Read more...]
FDA Position on Cannabis-Derived Compounds
Regulation of Products Containing Cannabis and Cannabis-Derived Compounds Immediately following the 2018 Farm Bill being signed into law, the U.S. Food and Drug Administration issued a statement on CBD products intended for human consumption. The December 20, 2018 statement from FDA Commissioner Scott Gottlieb, M.D. first recognizes that the Agricultural Improvement Act of … [Read more...]
TCPA Alert December 2018
FCC Releases Draft Order to Combat “Robocalls” The Federal Communications Commission recently released two draft orders intended to address unlawful robocalls. The first establishes a nationwide reassigned number database in order to address caller liability under the Telephone Consumer Protection Act when the new user has not provided prior express written consent. The … [Read more...]
FTC Attorney on Recent TCPA Litigation Developments
Congress Proposes Legislation to Combat Robocalls Congress has proposed a bill to attack robocalls. The “TRACE Act” would expand FCC authority under the Telephone Consumer Protection Act (TCPA) and empower the FCC to mandate call various rules to reduce ID spoofing. Of particular importance, the Act purports to expand the statute of limitations. At present, the FCC is … [Read more...]
California Court Says Customer Lists Not a Trade Secret
The California Court of Appeal recently held that a non-solicitation of employee provision improperly impinged on the ability to freely engage in gainful employment. Historically, California courts have upheld such agreements in limited situations if they are reasonable. The case involves individual defendants that executed a Confidentiality and Non-Disclosure Agreement. … [Read more...]
Individualized Issues of Consent Result in TCPA Class Action Certification Denial
Class actions are designed to promote the efficiency of litigation by allowing the claims of a group of individuals with the same claims to be decided in the same proceeding. They are commonly utilized by plaintiffs’ attorneys in Telephone Consumer Protection Act matters. In the matter of Tomeo v. CitiGroup, Inc., No. 13-C-4046, 2018 U.S. Dist. LEXIS 166117 (N.D. Ill. Sept. … [Read more...]
New Cyber Security Laws Effective
On September 1, 2018, Colorado’s breach notification statute update became effective. The legislation bolsters data privacy protections by requiring notice to Colorado residents affected by a data breach and the Colorado AG within 30 days of determining that a security breach occurred. It also sets forth the content of notice to residents, expands the definition of personal … [Read more...]
FTC Testifies Before Congress About Combatting Payment Processors That Facilitate Fraud
On July 26, 2018, the Federal Trade Commission testified before the U.S. House Committee on Oversight and Government Reform Subcommittee on National Security and Subcommittee on Government Operations about its law enforcement program to fight consumer fraud, and the FTC’s actions against payment processors that facilitate fraud. Andrew Smith, the Director of the FTC’s Bureau … [Read more...]
FTC Reiterates Privacy and Data Security Priorities
The Federal Trade Commission recently testified before the House Energy and Commerce Subcommittee about its work to protect consumers, promote competition, privacy and data security, and IoT. In doing so, according to FTC defense lawyer Richard B. Newman, the FTC reiterated its commitment to maximizing its resources in light of marketplace changes. FTC Chairman Joe Simons … [Read more...]
California Enacts GDPR-Like Privacy Changes
On the heels of Colorado’s new cybersecurity legislation, California has now announced that it has enacted the California Consumer Privacy Act of 2018. The legislation provides residents of California the right to: be informed about the personal information that is collected about them; be informed whether their information is sold to third-parties and who those … [Read more...]
Vermont Enacts “Double Opt-In” Automatic Renewal Legislation
In anticipation of changes to California’s automatic renewal law (ARL) becoming effective next month, Vermont has now become the first state to require a “double opt-in” ARL. The law applies to “consumer” contracts with an initial term of at least one year and that renew automatically for a subsequent term longer than one month. Disclosures must be in plain and unambiguous … [Read more...]
California Bill Introduced That Would Further Restrict Commercial Email Advertising
An Assembly member recently introduced AB 2546, an author-sponsored bill that would amend California’s anti-SPAM legislation (CBPC § 17529.5). The potential impact on the email marketing industry is profound. The bill expands California's anti-SPAM law to provide that it is not only unlawful for any person or entity to “advertise in” a commercial email, but also unlawful … [Read more...]
Senators Propose Internet Privacy Bill That Threatens Digital Advertising
Earlier this month, Senators Richard Blumenthal and Ed Markey (D-MA) introduced new privacy legislation entitled the Customer Online Notification for Stopping Edge-provider Network Transgressions (“CONSENT”) Act. Senator Markey has referred to the legislation as a “privacy bill of rights” and believes that recent privacy violations have necessitated consent-based … [Read more...]