On October 21, 2021, the Consumer Financial Protection Bureau issued orders to Google, Apple, Facebook, Amazon, Square and PayPal requesting detailed information about their business practices in relation to payment systems they operate.
Continue Reading CFPB Orders Six Tech Companies to Provide Information on Payment Systems Data Practices

The Irish Data Protection Commissioner has submitted a draft decision on Facebook Ireland Limited’s data protection compliance to other European regulators under the cooperation mechanism of the EU General Data Protection Regulation. The DPC proposed a fine for infringements of the transparency obligations under the GDPR, specifically with respect to the legal basis upon which Facebook relied.
Continue Reading Irish DPC Draft Decision Permits Facebook to Rely on Contractual Necessity for Behavioral Advertising

On October 15, 2021, the U.S. District Court for the District of Massachusetts entered a final order approving a $14 million class action settlement resolving claims against Hello Fresh for alleged violations of the Telephone Consumer Protection Act, 47 U.S.C. § 227, et seq. According to plaintiffs’ attorneys, this settlement is the largest TCPA class action settlement in Massachusetts state history.
Continue Reading Court Approves Settlement with HelloFresh Over Alleged TCPA Violations

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 July 28, 2020, German supervisory authorities issued a statement reiterating the requirement for additional safeguards when organizations rely on Standard Contractual Clauses or Binding Corporate Rules for the transfer of personal data to third countries in the wake of the Court of Justice of the European Union’s invalidation of the Privacy Shield Framework.
Continue Reading Schrems II Update: German SAs Require Additional Safeguards for U.S. Transfers and Max Schrems Set to Challenge Facebook Data Transfers Again

On July 16, 2020, the Court of Justice of the European Union issued its landmark judgment in the Schrems II case, concluding that the Standard Contractual Clauses issued by the European Commission for the transfer of personal data to data processors established outside of the EU are valid. Unexpectedly, the Court invalidated the EU-U.S. Privacy Shield framework.
Continue Reading BREAKING: Unexpected Outcome of Schrems II Case: CJEU Invalidates EU-U.S. Privacy Shield Framework but Standard Contractual Clauses Remain Valid