Category Archives: Consumer Protection

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Proposed California Legislation Would Limit and Possibly Punish Non-Disparagement Clauses in Online Consumer Contracts

On Tuesday, April, 22, the California Assembly Judiciary Committee voted 10-0 to approve a so-called “Yelp bill” that would prohibit companies from suppressing negative consumer reviews through the use of “non-disparagement clauses” in contracts with consumers.  Such clauses would be unlawful unless the consumer had knowing, voluntary, and intelligently waived his or her right to … Continue Reading

California Bill to Expand Data Security Breach Notification Law Clears Senate Hurdle

Last week, the California state Senate passed S.B. 46, a bill to expand the triggering data under the existing data security breach notification law. Currently, breach notification in California is triggered by the unauthorized acquisition of an individual’s first name or initial and last name in combination with one or more of the following data … Continue Reading

FTC Proposes Updates to Children’s Online Privacy Law

The Federal Trade Commission recently proposed several updates to the Children’s Online Privacy Protection Act of 1998 (COPPA). COPPA currently provides that operators of websites and other online services that collect personal information online about children under 13, or whose websites or services are directed at children under 13, must:… Continue Reading

Occupiers’ Motion to Quash Subpoenas of Tweets Raises Privacy Questions

By Craig Cardon and Rachel Tarko Hudson Occupy protesters in New York are attempting to quash the Manhattan District Attorney’s subpoenas of their tweets and Twitter account information. The protesters were arrested for obstructing the Brooklyn Bridge during a protest in October. The District Attorney wants to use the tweets to show that the protesters knew … Continue Reading

Facebook’s Settlement With The FTC Is A Wake Up Call For Businesses To Review And Update Their Website Privacy Policy And Agreements

By Michelle Sherman The Federal Trade Commission ("FTC") is working hard to make sure consumers are not being misled about how websites and social networking sites are using their personal information. Companies that do not follow their own privacy policies are finding themselves the subject of FTC complaints.  It is therefore even more important for businesses … Continue Reading

The Federal Trade Commission’s Proposed Framework For Consumer Privacy Protection – The Basics

By Michelle Sherman The preliminary Staff Report issued by the FTC earlier this month is the most aggressive effort by the FTC to date on the issue of online and mobile privacy generally. The preliminary Staff Report proposes a "do not track" mechanism along with an overall online privacy framework that would rigidly regulate how … Continue Reading

Businesses May Have Some Legal Recourse For Anonymous Smear Campaigns On The Internet

By Michelle Sherman Businesses are using Facebook fan pages and interactive ad campaigns to market their products and services on social media. One sided banner ads are making room for advertising that is more engaged with consumers. With this exchange of information also comes the risk of negative comments being posted that could be damaging … Continue Reading
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