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Earlier this month, the U.S. Department of Health and Human Services Office for Civil Rights released guidance to help covered entities understand how they can use remote communication technologies for audio-only telehealth in compliance with the HIPAA Privacy and Security Rules. Specifically, the Guidance clarifies how audio-only telehealth can be conducted after OCR’s Notification of Enforcement Discretion for Telehealth, put in place during the COVID-19 pandemic, is no longer in effect.
Continue Reading HHS Releases Guidance on Audio-Only Telehealth Practices

As reported on the Hunton Retail Resource Blog, on October 20, 2021, a new wave in the fight against “robocalls” is targeting telemarketing text messages. In the past six months, there has been an uptick in activity at both the state and federal level to reign in telemarketing text messages. …
Continue Reading Fight Against Robocalls Is Coming for Telemarketing Text Messages

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 22, 2021, the Belgian Constitutional Court annulled the framework set forth by the Law of 29 May 2016 requiring telecommunications providers to retain electronic communications data in bulk. …
Continue Reading Belgian Constitutional Court Annuls Data Retention Framework for Electronic Communications Data

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 November 9, 2020, the Federal Trade Commission announced it had entered into an consent agreement with Zoom Video Communications, Inc. to settle allegations that the video conferencing provider engaged in a series of unfair and deceptive practices that undermined the security of its user base, which, according to the FTC, has grown from 10 million users in December 2019 to 300 million in April 2020 during the COVID-19 pandemic.
Continue Reading UPDATE: Zoom Settles with FTC Over Deceptive Security Claims

On November 2, 2020, the comment period for the Federal Acquisition Security Council’s interim final rule implementing the Federal Acquisition Supply Chain Security Act of 2018 will close.
Continue Reading Federal Acquisition Security Council Accepting Comments on Interim Final Rule Regarding Information Technology Supply Chain Risk