Tonia Klausner

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U.S. Supreme Court Hears Argument over Frequently Litigated Provision of the TCPA

On December 8, 2020, the Supreme Court heard argument in Facebook, Inc. v. Duguid,1 a case addressing a split among federal circuit courts as to what constitutes an “automatic telephone dialing system”—often referred to as an “autodialer”—under the Telephone Consumer Protection Act (TCPA).2 The Court’s decision could significantly reduce the risk of TCPA litigation directed at online platforms … Continue Reading

New Cybersecurity Rules Now in Effect for Entities Regulated by New York State Department of Financial Services

On March 1, 2017, new cybersecurity rules went into effect for entities regulated by the New York State Department of Financial Services (DFS). The Cybersecurity Requirements for Financial Services Companies are designed to help protect business and customer information and the IT systems of the entities that DFS regulates. While the Cybersecurity Requirements took effect on March … Continue Reading

W-2 Phishing Scammers Are Targeting Tech Companies

The W-2 phishing scams are back. Fraudsters have learned that W-2 phishing scams can be highly effective when targeting businesses while they are handling and sending employee income-tax-related documents early in a new year. Once fraudsters obtain the information on W-2 tax forms about employees from businesses, they quickly attempt to commit tax identity theft … Continue Reading

Monitoring and Recording Consumers’ Calls in California Can Be a Risky Practice

Many businesses monitor or record customer service, telemarketing, and other telephone calls with consumers to help them improve customer service and for evidentiary reasons. Under federal and many state laws, calls may lawfully be monitored or recorded by businesses as long as those businesses have permission from their employees who participate on the calls. However, … Continue Reading

SEC Increases Focus on Cybersecurity–A Look at Recent Data Security Guidance and Enforcement

In the wake of numerous cyberattacks aimed at companies spanning various industries, it is no surprise that yet another federal agency—this time the SEC—is stressing the importance of proper cybersecurity protocols for the entities it regulates. Broker-dealers, investment advisors, and others in the securities industry often have access to some of the most sensitive client … Continue Reading

Delaware Enacts New Online Privacy Laws

Beginning January 1, 2016, the recently-enacted “Delaware Online Privacy and Protection Act”1 (DOPPA) will take effect and will impact all companies with online services used by Delaware residents. DOPPA consists of three separate online privacy laws: (1) a law prohibiting certain types of online marketing or advertising to minors;2 (2) a law requiring commercial websites … Continue Reading

FCC Issues Omnibus TCPA Declaratory Ruling and Order Addressing Numerous Issues Regarding Calling and Texting Consumers

On July 10, 2015, the Federal Communications Commission (FCC) released its long-anticipated Declaratory Ruling and Order1 addressing twenty-one petitions and requests seeking clarification of, and relief from, various provisions of the Telephone Consumer Protection Act (TCPA) and the FCC’s implementing regulations.2 The order provides some much-needed clarity in certain areas, but commentators have generally concluded … Continue Reading

Better Business Bureau Keeps Promise of Vigorous Enforcement of Online Interest-Based Advertising Accountability Program

Online interest-based advertising, sometimes called behavioral advertising, is big business. Advertisers—and the technology companies that make this business possible—use information collected from a particular computer or device, over time and across others’ websites, to predict preferences and target and display advertising that is most likely to interest the user. With encouragement from the Federal Trade … Continue Reading

Appellate Courts to Address What Constitutes an “Automatic Telephone Dialing System” Under the TCPA

During the past decade, there has been an explosion in class action litigation under the Telephone Consumer Protection Act (TCPA),1 a well-intended statute meant to address abusive telemarketing practices. As of late, many of these suits are based on calls or text messages to cell phones. The TCPA prohibits non-emergency calls (interpreted by the FCC … Continue Reading

FCC Clarifies That Consent May Be Provided by Intermediary for Informational Text Messages

On March 27, 2014, the Federal Communications Commission (FCC) addressed an outstanding petition1 seeking guidance for compliance with the “prior express consent” requirement of the Telephone Consumer Protection Act (TCPA) for informational text messages.2 In a declaratory ruling, the FCC provided clarification of this requirement, and specifically addressed whether an intermediary may provide such consent. … Continue Reading

TCPA Update: Recent Decisions and Significant Upcoming Change to TCPA Rules

Congress enacted the Telephone Consumer Protection Act (TCPA)1 on December 20, 1991, to address certain telephone and facsimile marketing practices that Congress found to be an invasion of consumer privacy. In general, and among other things, the TCPA prohibits unsolicited fax advertisements and automated or prerecorded calls (interpreted to include text messages) to cellular telephones … Continue Reading

Digital Advertising Alliance Releases Guidance on the Application of Its Self-Regulatory Principles to the Mobile Environment

New Self-Regulatory Guidance Joins Other Privacy and Transparency-Related Considerations for Participants in the Mobile Ecosystem On July 24, 2013, the Digital Advertising Alliance (DAA), comprised of the largest media and marketing trade associations in the U.S., released new guidance regarding mobile and other devices (Mobile Guidance).1 The Mobile Guidance explains how the DAA’s existing Self-Regulatory … Continue Reading

Delta Wins Dismissal of California AG Mobile App Privacy Action

At a May 9, 2013, hearing, the California Superior Court dismissed the lawsuit that California Attorney General Kamala Harris filed against Delta Airlines in December 2012.1 As reported in the January 2013 issue of Eye on Privacy,2 the state’s lawsuit alleged that the company’s “Fly Delta” mobile application (app) violated the California Online Privacy Protection … Continue Reading

Clapper v. Amnesty International USA: The U.S. Supreme Court Strengthens Defendants’ Shield Against Privacy Class Actions

One of the most common and effective defenses raised by privacy class action defendants has been lack of standing. Federal courts have jurisdiction over cases only when the plaintiff has standing to sue. Therefore, courts will dismiss a case when the plaintiff does not meet the requirements for standing. For standing to exist, the plaintiffs’ … Continue Reading
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