Insights on Privacy, Data Protection & Data Security

Walmart recently argued that the US District Court for the Eastern District of California should not grant class certification in a suit alleging that Walmart’s data collection practices violate California’s Song-Beverly Credit Card Act of 1971 (Song-Beverly Act).

Recent revisions to Federal Trade Commission (FTC) compliance materials offer new clarity on the Children’s Online Privacy Protection Act (COPPA) Rule and provide businesses with several new tools to consider as they determine how to comply with the Rule’s requirements.

After a spate of high-profile data security breaches, many are asking what can be done to prevent such security lapses and who should be held responsible.

In 2014, Macy’s and Foot Locker became the latest retailers to be forced to defend allegations that they illegally collect personal information from shoppers.

The Federal Trade Commission (FTC) recently won a significant victory in federal court in its ongoing efforts to hold businesses accountable for their data security practices.

In the last year, more than 17 class actions have been filed against retailers based on their alleged collection of ZIP codes from their customers.

In a case against LabMD, a judge ruled that the FTC must disclose the internal standards it uses to determine whether a company maintains adequate data security.

The Federal Trade Commission (FTC) recently charged two companies — Fandango, LLC, and Credit Karma, Inc. — with violating the FTC Act by misrepresenting the security of their mobile apps and failing to securely transmit sensitive personal information over the Internet.

The Council of Better Business Bureaus (BBB) recently announced that it will be increasing its enforcement efforts for website operators that participate in online behavioral advertising (OBA), which is targeted advertising to consumers based upon their interests.

Five top stories are making headlines in advertising and promotions.

According to the US District Court for the Northern District of California, Google’s co-mingling of the personal identification information (PII) it collects from users across multiple product platforms does not create an injury sufficient to grant standing to sue in federal court.

With the proliferation of smart phones and other mobile devices, it has never been easier for brands and marketers to collect data about the habits and desires of their customers.

Already one of the strictest states in the country when it comes to protecting online privacy, California recently passed another law that may require website operators to change their privacy policies.

Beginning January 1, 2014, websites and online service operators that collect consumers’ personally identifiable information will likely be forced to update their privacy policies to comply with a new law in California.

Arent Fox Privacy, Cybersecurity & Data Protection Senior Associate Eva Pulliam will be moderating the panel, “Privacy and Technology: Are Predictive Analytics Creating Biased Outcomes?” on Thursday, February 21, 2019 as part of the Coalition of Black Excellence (CBE) 2019 Summit during CBE Week.

Arent Fox Privacy, Cybersecurity & Data Protection Senior Associate Eva Pulliam will be speaking on the panel, “The Rise of eSports: Fortnite Dance Moves and Cultural Appropriation” on Friday, February 15, 2019 as part of the Microsoft Tech Law Summit at Howard University School of Law.

Eva Pulliam, a Senior Associate in the Privacy, Cybersecurity & Data Protection Practice Group of Arent Fox, will be a speaking at the Inman Connect New York 2019 conference on January 31st, 2019. She will be featured on the panel, “Big Data and Privacy: Can They Co-Exist?”

Arent Fox Partner Pamela Deese will be speaking at ACI’s Digital Advertising Law & Compliance Summit on June 25 at the Double Tree by Hilton Metropolitan in New York, NY.

New York attorney James Westerlind will be participating in the Expert Webcast panel entitled, Mitigating Breach Liability for Companies and Board Members.