On March 13, 2024, the Federal Communications Commission’s updates to the FCC data breach notification rules went into effect.
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Telecommunications
FCC Adopts Updated Data Breach Notification Rules
On December 13, 2023, the Federal Communications Commission (FCC) voted to update its 16-year old data breach notification rules (the “Rules”). Pursuant to the FCC update, providers of telecommunications, Voice over Internet Protocol (VoIP) and telecommunications relay services (TRS) are now required to notify the FCC of a data breach, in addition to existing obligations to notify affected customers, the FBI and the U.S. Secret Service.Continue Reading FCC Adopts Updated Data Breach Notification Rules
NTIA Calls for Tough New Privacy Rules
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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HHS Releases Guidance on Audio-Only Telehealth Practices
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after OCR’s Notification of Enforcement Discretion for Telehealth, put in place during the COVID-19 pandemic, is no longer in effect.
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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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