On June 9, 2020, the Federal Communications Commission announced a proposed 225 million dollar fine, the largest in the history of the FCC, against several individuals for telemarketing violations.
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Marketing
Belgian Data Protection Authority Imposes Fine on Non-Profit Organization for Unlawful Direct Marketing Practices
On May 29, 2020, the Litigation Chamber of the Belgian Data Protection Authority imposed a fine of €1,000 on a non-profit organization.
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German BGH Ruling on Consent for Cookies and Third-Party Advertising
On May 29, 2020, the German Federal Court of Justice, Germany’s highest court for civil and criminal matters, issued its ruling on case Planet49 regarding consent requirements for the use of cookies and telemarketing activities. …
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CNIL Publishes Guidance on Web Scraping and Re-Use of Publicly Available Online Data for Direct Marketing
On April 30, 2020, the French Data Protection Authority published guidance on the extraction of web users’ personal data from online public spaces by web scraping tools and re-use of such data for direct marketing purposes.
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UK Information Commissioner Releases COVID-19 Guidance for Controllers and Health and Care Practitioners
The UK Information Commissioner’s Office has published guidance regarding its expectations for controllers and health professionals during the COVID-19 outbreak.
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Dutch DPA Fines Royal Dutch Tennis Association 525,000 Euros For Illegal Data Sale
On March 3, 2020, the Dutch Data Protection Authority (Autoriteit Persoonsgegevens, the “Dutch DPA”) announced that it had imposed a €525,000 fine on the Royal Dutch Tennis Association (De Koninklijke Nederlandse Lawn Tennisbond, “KNLTB”) for an illegal sale of personal data.
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ICO Fines Scottish Company Maximum Amount for Automated Calls
On March 2, 2020, the UK Information Commissioner’s Office fined CRDNN Limited for a breach of the Electronic Communications Regulations due to unsolicited automated direct marketing calls. …
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Good News for TCPA Defendants
The meaning of an “automatic telephone dialing system” (“ATDS”) as defined by the Telephone Consumer Protection Act (“TCPA”) has been hotly contested since the D.C. Circuit invalidated the prior Federal Communications Commission (“FCC”) rulings interpreting the TCPA in 2018. The Ninth Circuit has held that merely calling numbers from a stored list is sufficient to meet the definition of an ATDS, while the Third Circuit has at least indicated that the ability to generate numbers randomly or sequentially is the defining characteristic.
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Belgian Data Protection Authority Releases Direct Marketing Recommendation
On February 10, 2020, the Belgian Data Protection Authority published its Recommendation on data processing activities for direct marketing purposes. The Recommendation aims to clarify the complex rules relating to processing personal data for direct marketing purposes. …
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Italian Garante Fines Telecom Company 27.8 Million Euros for Unlawful Marketing Practices
On February 1, 2020, the Italian Data Protection Authority announced that it had levied a fine of 27.8 Million Euros on TIM S.p.A., a telecommunications company, for several unlawful marketing data processing practices.
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