Litigation

The SEC and Voya Financial Services recently reached a $1 million settlement, stemming from a 2016 security incident in which individuals impersonating Voya’s independent contractors were able to gain access to the PII (including full...

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Since the D.C. Circuit issued its ruling in March invalidating as arbitrary and capricious many of the FCC’s interpretations of the Telephone Consumer Protection Act (“TCPA”), courts have been tasked with clarifying the definition of...

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Ohio has become the first state to enact legislation providing liability protection for businesses that implement a written cybersecurity program that “reasonably conforms” to certain cybersecurity frameworks or laws to protect personal information. This approach...

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A federal court has dismissed a proposed class action lawsuit against an omnichannel marketing company (NaviStone) and three online retailers, holding that the companies’ alleged use of omnichannel marketing technologies did not result in a...

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Don’t Wait – Check Your User Flow Now

July 3, 2018 | 0 Comments

You’ve taken time to craft a strong set of online Terms to protect your online service, but is it enforceable? This question has been at the core of a number of recent cases where plaintiffs...

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Following the D.C. Circuit’s narrowing of the FCC’s broad definition of an autodialer in its 2015 Omnibus TCPA Declaratory Ruling and Order (“Omnibus Order”), the Third Circuit has ruled that a dialing system must have...

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In a 5-4 decision written by Chief Justice Roberts – and invoking the types of government oppression on liberty that led to the American Revolution —  the Supreme Court reversed the Court of Appeal’s decision...

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The California Supreme Court has answered another long-outstanding Electronic Communications Privacy Act (“ECPA”) question, this time about the contours of the lawful consent exception in 18 U.S.C. § 2702(b)(3). In Facebook, Inc. v. Superior Court,...

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April showers bring May flowers – and pro-clickwrap case law. Two courts upheld mandatory arbitration provisions to force putative class actions out of court. The Massachusetts Appeals Court affirmed a ruling upholding an arbitration provision...

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The New Jersey Supreme Court found that a consumer must suffer actual adverse consequences from an alleged violation of New Jersey’s Truth in Consumer Contract, Warranty and Notice Act (“TCCWNA”) in order to bring suit...

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