Category Archives: Privacy

Court allows consumer to bring TCPA case concerning calls to number on Do-Not-Call registry

In a case under the Telephone Consumer Protection Act, the Ninth Circuit Court of Appeals held today that the owner and subscriber of a phone with a number listed on the Do-Not-Call Registry suffers an injury sufficient to confer standing when unsolicited telemarketing calls or texts are sent to the number in violation of the […]

Amazon, DOJ, and FTC agree to settle claims regarding Alexa recordings

The FTC has announced the filing and resolution of an action against Amazon, arising out of claims that the company wrongfully retained voice recordings and geolocation information of Alexa users, allowed Amazon employees to access voice information, failed to delete children’s information at the request of parents, and retained children’s personal information longer than necessary. […]

What to do about privacy policies? Chris Bradley has an answer

Christopher G. Bradley of Kentucky has written Privacy Policy Indeterminacy. Here’s the abstract: Despite being subjected to decades of sharp criticism, privacy policies published by companies remain a linchpin of privacy regulation. Representations in these policies provide the main measure against which consumer privacy can be judged. Policies are rarely read by consumers and are […]

Dickinson Article: Privately Policing Dark Patterns

Gregory M. Dickinson of St. Thomas has written Privately Policing Dark Patterns, 57 Ga. L. Rev. (2023 Forthcoming). Here is the abstract: Lawmakers around the country are crafting new laws to target “dark patterns”—user interface designs that trick or coerce users into enabling cell phone location tracking, sharing browsing data, initiating automatic billing, or making […]

CFPB seeks public info on data brokers’ business

The Consumer Financial Protection Bureau wants to know more about data brokers and their practices, as these entities gather and sell consumers’ personal and private information. The CFPB requests public feedback including information about the entities that collect personal consumer data, the types of data collected, sources that data brokers use to collect information, their […]

Eleventh Circuit to Reconsider its Outlier View on TCPA Standing

Since its 2019 decision in Salcedo v. Hanna, which held that a Telephone Consumer Protection Act plaintiff who received only a single unwanted text message lacked standing to sue because he had not suffered an actual injury, the U.S. Court of Appeals for the Eleventh Circuit has been out of step with the other federal […]

Alexa, Siri, and proposals for regulatory solutions to protect consumer privacy

“By listening to and recording users’ voices, voice assistants gather large amounts of personal data that technology companies can share with third parties. Technology experts expect the voice assistant market to continue growing, but there are few federal regulations that apply to voice-activated technology. The U.S. Federal Trade Commission (FTC) has provided recommendations to help […]

First FTC enforcement action under Health Breach Notification Rule

The Federal Trade Commission has taken its first enforcement action under its Health Breach Notification Rule, The action, filed against the telehealth and prescription drug discount provider GoodRx Holdings Inc., alleges that the company failed to notify consumers and others of its unauthorized disclosures of consumers’ personal health information to Facebook, Google, and other companies. […]

Tax filing companies’ use of customers’ data under scrutiny

What are online tax preparation companies doing with customers’ data? Members of Congress sent a letter this week urging the IRS to investigate. A report published last fall in the publication, The Markup, disclosed that online tax filing services were sending taxpayers’ identities and financial information to Facebook through code called Pixel. Specifically, it found […]

New tech products prompt privacy, consumer choice, and environmental concerns

The Washington Post reports that companies touting new tech products — including health wearables, smart TVs, autonomous vehicles, and other gadgets that rely on data from our bodies or homes — seldom directly address how they treat customer’s data after it’s collected or their approach to safety and security. The article is here.