On February 6, 2017, the FTC announced that it has agreed to settle charges that VIZIO, Inc., installed software on about 11 million consumer televisions to collect viewing data without consumers’ knowledge or consent. The stipulated federal court order requires VIZIO to pay 2.2 million dollars to the FTC and New Jersey Division of Consumer Affairs.
Continue Reading FTC Announces Settlement Regarding Collecting Consumer TV Viewing Data

On September 15, 2016, the New Jersey Senate unanimously approved a bill that would limit retailers’ ability to collect and use personal data contained on consumers’ driver and non-driver identification cards. The bill, known as the Personal Information and Privacy Protection Act, must now be approved by the New Jersey Assembly.
Continue Reading New Jersey Moves Forward With Shopper Privacy Bill

TCCWNA. The very acronym evokes head scratches and sighs of angst and frustration among many in the retail industry. The New Jersey Truth-in-Consumer Contract Warranty and Notice Act was passed in 1981 to protect consumers from allegedly deceptive practices in consumer contracts, warranties, notices and signs. Continue reading for an in-depth view of the TCCWNA and what retailers can do to minimize risk.
Continue Reading The New Wave of Consumer Class Actions Targeting Retailers: What is the TCCWNA?

On November 22, 2013, New Jersey’s Acting Attorney General announced a settlement agreement with Dokogeo, Inc. regarding allegations that one of the company’s mobile apps violated the federal Children’s Online Privacy Protection Act of 1998, the recently amended Children’s Online Privacy Protection Rule and the New Jersey Consumer Fraud Act.
Continue Reading Another California-Based Mobile App Developer Settles with New Jersey AG’s Office Over Child Privacy Violation Allegations

On January 6, 2012, a federal court in Massachusetts dismissed a customer-plaintiff’s complaint alleging that Michaels’ in-store information collection practices violated Massachusetts law. Although the court found that customer ZIP codes may constitute personal information for purposes of the law, it ruled that the plaintiff had failed to demonstrate any cognizable injury.
Continue Reading Massachusetts Court Dismisses ZIP Code Suit for Failure to Allege a Cognizable Injury

Last month, two New Jersey judges issued opposing decisions in class action lawsuits regarding merchants’ point-of-sale ZIP code collection practices. The conflicting orders leave unanswered the question of whether New Jersey retailers are prohibited from requiring and recording customers’ ZIP codes at the point of sale during credit card transactions.
Continue Reading New Jersey Courts Issue Conflicting Rulings in ZIP Code Collection Cases

Pending legislation in Connecticut, Florida, Nevada, New Jersey and Oregon aims to address the privacy risks associated with devices that may store personal information on their hard drives. A New York law addressing these issues came into effect on April 1, 2011.

Continue Reading States Attempt to Address Privacy Risks Associated with Digital Copiers and Electronic Waste

The New Jersey Division of Consumer Affairs has published a pre-proposal of rules relating to the protection of personal information (“PPR”) and is accepting comments on the PPR until February 13, 2009, after which it will formally propose rules. The PPR comes nearly a year after the state withdrew earlier proposed rules (the “Original Proposal”)