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This week, the Federal Trade Commission voted 3 to 1 to accept a settlement agreement with MoviePass, Inc., its parent company, and two of the now-defunct company’s former employees, after allegations of data security issues and deceptive trade practices.…
Continue Reading Now Playing at the FTC: MoviePass Data Security Case and ROSCA Settlement

On April 1, 2021, the Supreme Court issued its long-awaited opinion in Facebook, Inc. v. Duguid et al., No. 19-511 (Apr. 1, 2021). At issue in Facebook, was the question of what technology constitutes an “automatic telephone dialing system” within the meaning of the Telephone Consumer Protection Act, 47 U.S.C. §227 et seq. The Supreme Court’s unanimous decision is a huge win for companies who communicate with their consumers by telephone/text message. …
Continue Reading Supreme Court Adopts Narrow Interpretation of ATDS

On March 15, 2021, the state Data Protection Authority of Bavaria declared the use of U.S. e-mail marketing service Mailchimp by a fashion magazine in Bavaria impermissible due to lack of compliance with Schrems II mitigation steps for the transfer of e-mail addresses to the U.S.…
Continue Reading Bavarian DPA Declares Transfers to E-mail Marketing Service Prohibited Due to Lack of Controller’s Assessment and Supplementary Measures

On June 16, 2020, the Litigation Chamber of the Belgian Data Protection Authority imposed a fine on a company for unlawful and incorrect processing of personal data and non-compliance with the EU General Data Protection Regulation’s data subject rights provisions. …
Continue Reading Belgian DPA Fines Company for Unlawful Processing and Non-Compliance with Data Subject Rights