Blog Archives

Case Update: Wakefield v. ViSalus, Inc.

A couple of months ago, I wrote about how a jury found multilevel marketing company ViSalus, Inc. responsible for making over 1.8 million robocalls in violation of the Telephone Consumer Protection Act.  Given the TCPA’s minimum statutory damages of $500

Posted in TCPA

Senate Bill Seeks to Protect Health Information Gathered from Wearable Devices

I wear a fitness tracker.  I rarely take it off.  Throughout the course of the day, it collects a bevy of information about me: my heart rate, my exercise habits, the length and quality of my sleep.  When aggregated and

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Posted in Data Security, Internet of Things

Pennsylvania County Faces Up To $67 Million In Damages For Distribution Of Criminal Record Information

A suburban Philadelphia county is facing a judgment of up to $67 million after a Pennsylvania federal jury found that it violated the Pennsylvania Criminal History Record Information Act. Pennsylvania’s Criminal History Record Information Act (“CHRIA”) governs the dissemination of

Posted in Privacy

The Value Of Quickly Disclosing A Data Breach

One of the first questions a company must answer after it discovers and remediates a data breach is, “What do we tell our customers?”  Companies may delay publicly announcing a data breach out of fear that doing so will harm

Posted in Data Breach

Jury Verdict in TCPA Case Puts Over $925 Million In Damages On The Table

On April 12, 2019, an Oregon federal jury returned a Friday evening verdict in a Telephone Consumer Protection Act (TCPA) class action that could put the defendant on the hook for $925 million in damages. The TCPA makes it unlawful

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Posted in Litigation, TCPA

5 Ways in Which Your Company’s Privacy Policy is Insufficient

Well thought-out internal privacy policies and procedures are an essential part of any company’s information management program.  These internal policies should not be confused with a company’s external privacy notice, which informs the company’s customers as to how it may

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Posted in Policies and Procedures, Privacy

U.S. Supreme Court Refuses to Search Google Settlement Agreement for Fairness

The U.S. Supreme Court on Wednesday remanded a class action against Google so that the lower courts could determine whether any of the named plaintiffs have standing under Spokeo, Inc. v. Robbins. The underlying suit alleged violations of the Stored

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Posted in Litigation, Privacy

Third Circuit Affirms Dismissal of FACTA Suit on Standing Grounds

A three-judge panel of the Third Circuit recently affirmed a district court ruling that dismissed a suit for violation of the Fair and Accurate Credit Transaction Act of 2003 (FACTA) for lack of Article III standing.  The plaintiff, Ahmed Kamal,

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Posted in Litigation, Privacy, Regulations

Congress Holds Hearings on Privacy and Data Protection

With all of the hubbub swirling around Capitol Hill last week with the Michael Cohen hearings, you can’t be blamed if you missed the fact that two important congressional hearings on privacy and data protection took place as well, one

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Posted in Data Security, Legislation, Privacy

FTC Announces Record Settlement for Children’s Privacy Violations

On February 27, the FTC announced that the operators of the video social networking application Musical.ly, now known as TikTok, agreed to pay $5.7 million to settle allegations that it violated the Children’s Online Privacy Protection Act (COPPA). According to the

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Posted in FTC, Privacy, Regulations, Social Media
About Cyber Law Monitor
In the new digital world, individuals and businesses are almost entirely dependent on computer technology and electronic communications to function on a daily basis. Although the power of modern technology is a source of opportunity and inspiration—it also poses huge challenges, from protecting privacy and securing proprietary data to adhering to fast-changing statutory and regulatory requirements. The Cyber Law Monitor blog covers privacy, data security, technology, and cyber space. It tracks major legal and policy developments and provides analysis of current events.
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