As we reported in our sister blog, “One ‘Chirp, Buzz, Or Blink’ Is Not Enough To Sue Under the TCPA”, a recent court decision makes it more difficult for plaintiffs to establish standing under the Telephone Consumer Protection Act. In its decision, the Eleventh Circuit ruled that a single text message from an attorney to his former client did not amount to sufficient harm to sue in federal court. The Court concluded that…

One of the CCPA amendments that has gone to the governor’s desk is AB 1564, which addresses the methods companies must make available to consumers to exercise their rights under CCPA. Businesses which operate exclusively online and have direct relationships with their consumers can (1) provide an email address for consumers to submit requests, and (2) if they have a website (which presumably all online businesses would!), have a method for consumers to submit requests…

Under GDPR, companies are required to keep certain records of their processing activities. There has been some question about the types of records controllers should keep. To help clarify the questions arising from many companies, CNIL issued guidance recently about how to fulfill record keeping obligations. The guidance includes an RPA template for controllers, and outlines contents to include for both controllers and processors. This includes keeping track of why information was collected, the categories of…

The Sixth Circuit is the latest court to weigh in on the definition of ATDS under TCPA. The TCPA defines ATDS as equipment that has the capacity “to store or produce telephone numbers to be called, using a random or sequential number generator; and to dial such numbers.” Generally, the TCPA prohibits calls and text messages to cell phones using an ATDS without prior express consent.…

Effective October 1, 2019, organizations providing health insurance and related services must notify the Maryland Insurance Administration as part of its breach notification requirements.…

One of the amendments we’ve been watching over the past months is one that impacts rights of employees —both the company’s and other company’s employees. Under AB25, which passed the California Senate and is now awaiting governor signature, companies will be (for a year) exempted from providing current and former employees, job applicants, and contractors with the full suite of CCPA rights. Starting January 2020, however, these individuals must be provided with notice of…

Illinois has updated its breach notice law to require, effective January 1, 2020, notice to the Illinois Attorney General of a data breach involving more than 500 Illinois residents.…