On November 22, 2022, the Department of Commerce’s National Telecommunications and Information Administration announced that it filed comments with the Federal Trade Commission that call for new limits on how companies can collect and use personal information about consumers.
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Telecommunications
FTC Publishes Notices Proposing Updates to Telemarketing Sale Rules
On April 28, 2022, the FTC published a Notice of Proposed Rulemaking and an Advance Notice of Proposed Rulemaking, proposing several updates to the Telemarketing Sale Rules. …
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Fight Against Robocalls Is Coming for Telemarketing Text Messages
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. …
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Court Approves Settlement with HelloFresh Over Alleged TCPA Violations
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.
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Belgian Constitutional Court Annuls Data Retention Framework for Electronic Communications Data
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. …
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Supreme Court Adopts Narrow Interpretation of ATDS
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. …
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Takeaways from 100th Anniversary Meeting of German Data Protection Authorities
On November 26, 2020, the Conference of the German Data Protection Authorities issued a press release with conclusions from their 100th anniversary meeting. The key issues discussed were the implications of Schrems II on German privacy and cybersecurity.
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UPDATE: Zoom Settles with FTC Over Deceptive Security Claims
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.
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Federal Acquisition Security Council Accepting Comments on Interim Final Rule Regarding Information Technology Supply Chain Risk
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.
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NY Department of Financial Services Issues Guidance to Regulated Entities Regarding Cybersecurity During the COVID-19 Pandemic
On April 13, 2020, the New York Department of Financial Services issued guidance to all New York State entities covered under NYDFS’s cybersecurity regulation regarding assessing and addressing heightened cybersecurity risks due to the COVID-19 pandemic.
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