These articles originally appeared in our Privacy Law Corner blog between February 4, 2013 – March 26, 2013.

Communications Privacy

FTC Action Shuts Down New York Telemarketing Operation for Telemarketing Sales Rule and FTC Act Violations

Acting on the FTC’s motion, a New York district court recently entered a temporary restraining order against Instant Response Systems, LLC and its principal Jason Abraham for alleged violations of the Telemarketing Sales Rule and the FTC Act.

FTC Permanently Bans Telemarketers for Violating the Telemarketing Sales Rule

The Federal Trade Commission has permanently banned Roy M. Cox, Jr. and several telemarketing operations he managed from future telemarketing for several violations of the Telemarketing Sales Rule.

Cab Companies Sued in Washington for Texting Practices

U.S. District Court for the Western District of Washington recently decided that a text message sent by two cab companies to a consumer could be considered “commercial” and thus regulated under Washington state law, …

[top]


Data Breach and Data Security

Maryland Creates Internet Privacy Unit

Maryland Attorney General Doug Gansler recently announced that his office is launching a new “Internet Privacy Unit” to combat online privacy law violations. According to Gansler’s press release, the Unit will monitor companies to ensure compliance with state and federal consumer protection laws …

[top]


Financial Privacy

Massachusetts High Court Rules in Case Involving Collection of Personal Information During Credit Card Transaction

The Massachusetts Supreme Judicial Court ruled recently in a case involving a class action brought by a plaintiff who alleged that a retailer requested her name, credit card number, and ZIP code in connection with credit card purchases she made.

Payment Card Industry Security Standards Council Releases New Guidance on Protecting Mobile Payment Data

The Payment Card Industry Data Security Standards (PCI DSS) Council, a global forum for the development of card security standards, recently released a set of best practices for merchants who process transactions …

[top]


Mobile Privacy

Facebook Files Lawsuit Against App Developer for Displaying Outdated User Data

Facebook recently filed a federal lawsuit in California against a former application developer, Profile Technology Ltd., alleging the New Zealand-based company violated the Facebook terms of service when it continued displaying outdated user data on its site …

FTC Recommends Increased Consumer Disclosures in the Mobile Marketplace

In response to growing concerns over consumer privacy in the mobile marketplace, the Federal Trade Commission released a staff report on February 1, 2013 recommending various steps mobile marketplace participants can take to better inform consumers about their data collection practices.

Social Networking App Settles FTC Charges

Path, Inc., the operator of the Path social networking app has settled FTC charges that it made deceptive privacy claims and violated the COPPA Rule, agreeing to pay $800,000 to the Commission. According to the FTC’s complaint, Path’s iOS app contained …

The Payment Card Industry Data Security Standards (PCI DSS) Council, a global forum for the development of card security standards, recently released a set of best practices for merchants who process transactions …

[top]


Online & Consumer Privacy

FTC Revises Online Advertising Disclosure Guidelines

The Federal Trade Commission (“FTC”) has revised its guidance on online advertising disclosures, known as the “Dot-Com Disclosure Guidelines.”

Facebook Files Lawsuit Against App Developer for Displaying Outdated User Data

Facebook recently filed a federal lawsuit in California against a former application developer, Profile Technology Ltd., alleging the New Zealand-based company violated the Facebook terms of service when it continued displaying outdated user data on its site …

[top]


Workplace Privacy

Posts on Employer’s Blog and Employee’s Facebook Account May Make Employer Liable for Retaliation

The U.S. District Court for the Middle District of Tennessee recently allowed the retaliation claims of two former employees at Coyote Ugly, a chain of concept saloons, to continue, denying Coyote Ugly’s bid to dismiss the claims.

Use of Spyware on Employees’ Computers Found Violation of Swiss Law

In a recent decision the Swiss Federal Tribunal found that the installation of spy software on employees’ desktop, with the aim of monitoring their use of the Internet during work hours, is illegal.

[top]


Attorney Advertising Materials

These materials have been prepared by Winston & Strawn for informational purposes only, and are not intended as, nor should they be used as a substitute for, legal advice which turns on specific facts. Receipt of this information does not create an attorney-client relationship. Along with this client bulletin, a library of all the Winston & Strawn LLP Client Bulletins published to date can be accessed by visiting the Publications section of Winston & Strawn’s Web site (www.winston.com).

You may email us at privacylawnews@winston.com or write us at Winston & Strawn LLP, Attention: Business Development Clerk, 35 West Wacker Drive, Chicago, IL 60601.

© 2013 Winston & Strawn LLP

February/March 2013

PRESENTATIONS


WINSTON & STRAWN CONTACTS


Update your contact preferences here