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.
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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.
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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.
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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”)