The D.C. Circuit’s much-awaited decision in ACA International v. Federal Communications Commission earlier this year set aside much of the FCC’s prior interpretation of what qualifies as an “automatic telephone dialing system.” ACA International was widely seen as a win for businesses and advertisers, but the decision has done little thus far to stem the tide of TCPA lawsuits, especially as the scope of the decision continues to play out.
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Retailers’ Use of Smartphones and Contactless Payment Systems Implicates New Insurance Considerations
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Posted in Insurance, Technology & E-Commerce
In an article published in Internet Retailer on January 11, 2018, Hunton & Williams’ Insurance lawyers discuss the risks retailers face when using smartphone-reliant technology and contactless payment systems, and the insurance coverage necessary to address these potential risks. …
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NFC Chips: The Simplest Form of Smart Packaging
As retailers continue to look for new and innovative ways to maintain communication and “touch points” with their customers, many are looking to technology-infused or “smart” packaging and advertising materials. There are many ways to drive customer interaction and web traffic through smart packaging and advertising materials, including through the use of hyperlinks, quick response codes and near field communication chips. …
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FTC Releases OECD’s Recommendation on Consumer Protection in E-Commerce
On April 6, 2016, the Federal Trade Commission endorsed the Organization for Economic Cooperation and Development’s updated guidelines on consumer protection in e-commerce. This blog entry provides highlights on the OECD’s new recommendations. …
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FTC Reaches Settlement in First Enforcement Action Against a Retail Tracking Company
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On April 23, 2015, the Federal Trade Commission (FTC) announced that Nomi Technologies (Nomi) has agreed to settle charges stemming from allegations that the company misled consumers with respect to opting out of the company’s mobile-device tracking service at retail locations. The settlement marks the FTC’s first § 5 enforcement action against a retail tracking company.
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AT&T Enters into Largest Data Breach Settlement with FCC to Date
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Posted in Consumer Protection, Privacy & Cybersecurity
As reported on the Privacy & Information Security Law blog, the Federal Communications Commission announced a $25 million settlement with AT&T Services, Inc. (“AT&T”) stemming from allegations that AT&T failed to protect the confidentiality of consumers’ personal information, resulting in data breaches at AT&T call centers in Mexico, Colombia and the Philippines. The breaches,…
FTC Announces Settlement with T-Mobile in Mobile Cramming Case
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Posted in Privacy & Cybersecurity
As reported in the Privacy & Information Security Law blog, the Federal Trade Commission announced a settlement of at least $90 million with mobile phone carrier T-Mobile USA, Inc. (“T-Mobile”) stemming from allegations related to mobile cramming. This settlement amount will primarily be used to provide refunds to affected customers who were charged by…
Advertising Tips for the New Year: A Few Lessons from the FTC’s Recent Enforcement Efforts
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Most marketers and retailers know that the consumer protection laws require that their advertising claims be substantiated, truthful and not misleading. But the new year is a good time to take stock of advertising campaigns, practices and procedures to make sure they pass muster under the Federal Trade Commission’s (FTC’s) latest guidance. The FTC’s recent…