Privacy

February 22, 2013
Google, TeleTech Secretly Record Calls, Customers Claim

Google Inc. and TeleTech Services Corp. are facing a putative class action, removed to California federal court on Wednesday, alleging they recorded Google customer service phone calls without informing people or getting their consent.
February 21, 2013
TrynEx Can't Ward Off Class Cert. In Junk Fax Suit

A federal judge on Wednesday certified a class of plaintiffs accusing snow equipment maker TrynEx Inc. of violating the Telephone Consumer Protection Act by sending unsolicited faxes, rejecting TrynEx's argument that the plaintiffs' lawyers had engaged in professional impropriety and couldn't serve as class counsel.
February 21, 2013
Hartford Faces $18M Coverage Suit Over Junk Fax Deal

An automatic-door manufacturer is claiming that Hartford Casualty Insurance Co. must cover a $17.7 million settlement it reached with Domino Plastics Co. Inc. in an underlying class action over unsolicited junk faxes, according to a suit removed to Illinois federal court Tuesday.
February 13, 2013
Ticket Purchases Put Southwest Customers At Risk: Suit

Southwest Airlines Co. was hit Tuesday in California federal court with a second proposed class action alleging the company violated the Fair and Accurate Credit Transactions Act by failing to truncate the expiration date of payment cards on electronically printed receipts.
February 12, 2013
YouTube Takes Aim At Russian Web Content Blacklist

YouTube LLC on Monday launched its first legal challenge to a controversial new Russian law that allows the country’s officials to blacklist online content it considers harmful or dangerous to children, saying the regulators are unreasonably targeting material intended as entertainment.
February 11, 2013
Cadwalader, Sanford Accused Of Exposing Whistleblower

Cadwalader Wickersham & Taft LLP and litigation boutique Sanford Heisler LLP were hit with a malpractice suit Monday by a former Seagate Technology engineer who said misconduct by two attorneys exposed him as a whistleblower in a suit over a nondisclosure agreement, costing him job prospects.
February 11, 2013
Debt Collector Illegally Records Phone Calls, Suit Says

Debt collector NCO Financial Systems Inc. was targeted in a putative class action in California federal court Friday alleging that it illegally records cellphone conversations in which personal finance and other sensitive information is discussed without consumers' consent.
February 8, 2013
SeaWorld Splashed With ZIP Code Collection Suit

SeaWorld Parks & Entertainment Inc.'s marine life theme park in San Diego solicits visitors to disclose their ZIP codes during credit card transactions despite privacy laws that bar such requests, a customer says in a proposed class action removed to federal court Thursday.
February 8, 2013
Buy.com Faces $500M Suit Over Phone Number Collection

An online shopper lodged a $500 million putative class action in California federal court Thursday accusing media and home goods retailer Buy.com Inc. of illegally requiring its customers to provide their telephone numbers in order to complete credit card purchases on its website.
February 5, 2013
Ferragamo, PC Mall Misused Credit Card Info, Shoppers Say

Ferragamo USA Inc. and computer retailer PC Mall Inc. were hit with proposed class actions Monday accusing the companies of violating California's credit card privacy law by asking customers for personal information and then using it for marketing purposes.
February 4, 2013
Facebook Sues App Maker For Not Deleting Old Profile Info

Facebook Inc. sued app developer Profile Technology Ltd. for breach of contract in California federal court Friday, alleging that it copied and improperly stored Facebook users' information and has tried to profit by making it accessible to others on its website.
February 1, 2013
Apple Faces Revamped Claims That Apps Grab User Data

Apple Inc. on Thursday received more time to respond to revamped class action allegations in California federal court that the company violated mobile device users' privacy by allowing apps to pull information from their address book and photo collections without permission.
February 1, 2013
Hipster App Steals Phones' Contact Lists, Suit Claims

Photo-sharing app maker Hipster Inc. was hit with a proposed class action Wednesday that alleges the company illegally obtains users’ personal information and a list of personal contacts contained on their phones without their permission.
February 1, 2013
Path App Strikes Deal With FTC In Child Privacy Case

The San Francisco-based operator of the Path social networking application settled U.S. Federal Trade Commission allegations Friday that it deceptively collected personal information from users' mobile address books and violated the Children's Online Privacy Protection Act by collecting information from underage users without parental consent.
January 30, 2013
Target Faces TCPA Suit Over Automated Collection Calls

A credit card user claiming that a Target Corp. affiliate is violating the Telephone Consumer Protection Act by making automated debt collection calls to her cellphone several times a day lodged a putative class action against the company Tuesday in California federal court.
January 29, 2013
Nationwide Faces Suit Over Theft Of 1M Consumers' Data

A proposed class of 1 million consumers sued Nationwide Mutual Insurance Co. in Kansas federal court Monday over an October cyberattack that exposed sensitive information about those who requested insurance quotes from the company.
January 28, 2013
Google Faces UK Suit Over Secret Safari Tracking

A dozen U.K. consumers have launched a landmark privacy case accusing Google Inc. of unlawfully monitoring their browsing history by secretly placing tracking cookies on Apple Inc.'s Safari browser, they announced Sunday, echoing claims resolved by the company in a recent Federal Trade Commission settlement.
January 28, 2013
NYC Faces Privacy Suit Over PD's Body Scanners

A Florida privacy advocate asked a New York federal court Monday to stop the New York City Police Department from using high-tech imaging scanners that peer through clothing to identify unlawful concealed weapons, claiming the devices violate his Fourth Amendment rights.
January 25, 2013
Target Sends Spam Texts To Customers, Suit Claims

Target Corp. was hit Friday in Oklahoma federal court with a proposed nationwide class action that alleges the retailer sends unsolicited text messages to consumers’ cell phones in violation of the federal Telephone Consumer Protection Act.
January 23, 2013
3 Men Charged With Conspiracy Over Data-Stealing Gozi Virus

Three men were hit with conspiracy charges over their roles in the global spread and use of the potent Gozi virus that stole personal bank account information and infected more than 40,000 computers in the U.S., prosecutors said Wednesday.

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Expert Analysis

3 Ways To Leverage Internet Access During Trial

A survey of local rules for courthouses with available Wi-Fi has shown that no courts expressly prohibit the use of Internet by lawyers to gain information about the venire. Interestingly, at least one appellate court has held that it was error not to allow counsel to access the Internet during jury selection, say Derek Sarafa and William O'Neil of Winston & Strawn LLP.
What You Should Know About Calif.'s Right To Know Act

California’s Right to Know Act of 2013 — the first legislation of its kind in the U.S. that applies the broader European type of transparency — permits an individual to obtain full disclosure upon request of personal information held by a company about the individual. The act may create significant compliance implications and litigation risks for businesses throughout the country, say Katherine Ritchey and Mauricio Paez of Jones Day.
Spending Bill's China Cybersecurity Provision Is Unclear

The vague language of the China cyber-espionage provision in the continuing resolution to fund federal agencies through the rest of the fiscal year might be problematic because it could potentially apply to any part of a company’s supply chain. The provision also raises potentially significant international trade issues, say attorneys with Hogan Lovells LLP.
A Potential Circuit Split On Key Privacy Law

Companies whose businesses involve the collection or use of consumers’ personal information should keep an eye on the Seventh Circuit, which may be poised to trigger U.S. Supreme Court review of Edwards v. First American Corp. — an important Ninth Circuit decision favoring privacy advocates, say Anthony Lupo and Karen Ellis Carr of Arent Fox LLP.
5 Tips For Staying Ahead Of Mobile Privacy Enforcement

Mobile marketing is one of the important privacy trends for companies to pay attention to this year. There are five ways companies that are interested in implementing compliance programs can stay out of regulatory enforcement or class actions, say attorneys with Edwards Wildman Palmer LLP.
How To Mitigate The IP Risks Of Data Breaches

While many organizations maintain data breach incident response plans designed to meet regulatory and contractual requirements, few consider the intellectual property implications of breaches. An IP incident response plan can help preserve legal rights and protect IP from being swept away in the rising tide of data breaches, say Carol Anne Been and Andy Blair of Dentons.
8 Steps To Enforceable Terms Of Use On Mobile Devices

Cases addressing the enforceability of website terms of use accessed on desktop computers suggest ways companies can maximize the chance that their terms of use will be enforced with consumers using mobile devices, say Gary Miller and Dan Hinkle of Grippo & Elden LLC.
How Lawyers Benefit From Early Neutral Evaluation

Early neutral evaluation usually asks a retired judge to consider one party’s case, as if preparing to rule on summary judgment or presiding over a bench trial. Effective evaluation can supply a reality check on a case — it gives the lawyer the gift of seeing the case as others see it, says James Rosenbaum, a panelist with JAMS and former U.S. district judge for the District of Minnesota.
What Life Settlement Industry Should Know About HIPAA Rule

While the updated Health Insurance Portability and Accountability Act privacy and security regulations impose many new requirements on the health care industry, there is no direct and very little indirect impact on the life settlement industry, says Brian Casey of Locke Lord LLP.
No Clear Rule On Warrantless Cellphone Searches

When a person is arrested with a cellphone on him, law enforcement officers will likely want to search the phone’s contents. Courts have focused on different issues in determining whether to allow a warrantless cellphone search, and there is no standard analysis, say Bridget Rohde and Sara Crasson of Mintz Levin Cohn Ferris Glovsky and Popeo PC.

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