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Mobile Health Apps and the FTC’s Health Breach Notification Rule: New Enforcement Initiative Coming

Mobile health apps are growing in popularity and their number is increasing every year. Many of us find it convenient to use an app to schedule medical appointments, check medical records,...

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Recent CCPA Enforcement Actions Highlight the Importance of a CCPA-Compliant Privacy Policy

This is the time of year for thought pieces reflecting on the past year or so to speculate on the hot topics for next year. I began to wonder about California...

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If Your Disclosure of a Data Breach Was  “Late,” You May Have to Litigate

A professional accounting firm in Illinois received an unwanted holiday “gift” in the form of a class action complaint stemming from its alleged failure to secure personally identifiable information (PII) and...

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Court Denies GrubHub’s Motion to Dismiss in TCPA Class Action

The U.S. District Court for the Northern District of Illinois denied a motion to dismiss a class action for allegations that GrubHub, Inc. violated the Telephone Consumer Protection Act (TCPA). The...

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District Court Enforces DOL Investigative Subpoena Against Plan Service Provider Concerning Alleged Cybersecurity Breaches

A federal District Court judge in Illinois sided with the U.S. Department of Labor (DOL) in ordering Alight Solutions, LLC, an ERISA plan services provider, to comply with an administrative subpoena...

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Class Action Against Shopify Dismissed for Lack of Jurisdiction

The U.S. District Court for the Northern District of California dismissed a consumer class action against Ledger SAS’s e-commerce vendor Shopify Inc. because of its locale – Shopify is headquartered in...

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Phoenix Children’s Hospital Faces Privacy Lawsuit Over Inadvertent Release of Vaccine Exemption Information

An apparent email snafu has led to the filing of a putative class action against the Phoenix Children’s Hospital. The allegations stem from an email that was allegedly sent out to...

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FTC Releases Guidance on Negative Option Marketing

The Federal Trade Commission released a new enforcement policy statement on October 28, 2021, targeting the practice known as “Negative Option Marketing.” Negative Option Marketing is the practice of taking consumers’...

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Automotive Data Company Loses Fight for an Injunction Against New Consumer Privacy Statute

Automotive data and software company CDK Global LLC (CDK),  filed suit in 2019 against the Arizona Attorney General in the U.S. District Court for the District of Arizona seeking an injunction...

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FabFitFun Settles Class Action for $625,000 for Alleged Data Security Failures

FabFitFun, a fashion and beauty subscription service, settled claims that it failed to adequately protect and secure consumer data resulting in a data breach for a sum of $625,000 in the...

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