Archives: Mobile Privacy

California Bill SB-208 Tackles Pervasive Robocalls

By Kamran Salour and Veronica Reynolds on September 27, 2019 Posted in Mobile Privacy

On Sept. 11, 2019, the California State Senate approved the Consumer Call Protection Act of 2019, SB-208. The measure seeks to protect consumers from fraudulent robocalls and enact into law provisions that, despite strong support from Federal Communications Commission (FCC) Chairman Ajit Pai, have not been enacted on the federal level.[1] The bill empowers the … Continue Reading

Increased Scrutiny on Notice and Choice for Use of AD Profiling, Especially Using Mobile Location Data

By Taylor A. Bloom, Alan L. Friel and Niloufar Massachi on March 20, 2019 Posted in Advertising, Big Data, Marketing, Mobile Privacy

Are you an app publisher or do you advertise via mobile apps or obtain marketing data that originates from them? If so, you need to beware that regulators and consumer protection authorities are taking action against companies with regard to the notice and choice, or lack thereof, they are providing to consumers for the collection … Continue Reading

Bringing Geolocation Into Focus

By Brian P. Bartish on December 1, 2017 Posted in Mobile Privacy

With another Thanksgiving and another Black Friday having come and gone the holiday shopping season is in full swing yet again. As brick-and-mortar retail continues to experience a decline in favor of more convenient ecommerce options, retailers are increasingly looking for ways to enhance the in-store experience, with more and more looking to drive revenue … Continue Reading

Moving Beyond Passwords – Does Your Face Raise Privacy Concerns?

By Eric A. Packel on November 8, 2017 Posted in Cybersecurity, Mobile Privacy

Phishing attacks continue to be the root cause of a considerable number of data breaches. Typically, these incidents occur when employees are enticed into giving up their login credentials in response to a cleverly designed, yet fake email. Thus, network passwords, combined with employee susceptibility to phishing emails, remain a major security weakness for corporations. … Continue Reading

Revocation of Consent Under the TCPA

By Moustafa Badreldin on July 20, 2017 Posted in Mobile Privacy, Privacy Litigation

The Telephone Consumer Protection Act (TCPA) was enacted as a consumer protection measure against companies that engage in telemarketing practices. The basic principle of the TCPA is that it seeks to prohibit a company from making “any telephone call to any residential telephone line using an artificial or prerecorded voice to deliver a message without … Continue Reading

Be Compromise Ready: Go Back to the Basics

By Theodore J. Kobus III and Craig A. Hoffman on April 13, 2017 Posted in Cybersecurity, Mobile Privacy, Online Privacy, Ransomware

We are excited to release our third annual BakerHostetler Data Security Incident Response Report. This report analyzes the more than 450 data security incidents we led clients through in 2016. Companies continued to experience incidents at a record pace, and we expect this will continue through 2017. We have received more calls to our breach … Continue Reading

Massachusetts AG Settlement Bars Geofencing Near Medical Facilities

By Melinda L. McLellan and Stephanie Lucas on April 10, 2017 Posted in Behavioral Advertising, Geolocation, Marketing, Medical Privacy, Mobile Privacy, State Legislation

On April 4, 2017, the Massachusetts Attorney General’s office announced that it had settled with a digital advertiser following allegations the company was using geolocation technology to target ads to women visiting reproductive health facilities. Although the company denied that it geofenced clinics in Massachusetts, the AG indicated that such targeting would violate the Massachusetts … Continue Reading

IoT Device Maker Settles Class Claims for $3.75 Million

By David M. Brown on April 7, 2017 Posted in Big Data, Internet of Things, Mobile Privacy, Privacy Class Actions, Retail Industry

In one of the first Internet of Things (IoT) class action settlements, the maker of a Bluetooth-enabled personal vibrator agreed to settle privacy class claims for $3.75 million. The We-Vibe product allows a user to connect the product to a smartphone. The user can then control the device from the phone via Bluetooth connection. The … Continue Reading

Unexpected Consumer Data Collection Concerns FTC

By Alan L. Friel and Benjamin Barnes on March 15, 2017 Posted in Behavioral Advertising, Big Data, Geolocation, Marketing, Mobile Privacy, Retail Industry

The Federal Trade Commission (FTC) has been turning its attention to consumer data collection and use that consumers may not expect, such as tracking of TV viewing by smart TVs, and use of cross-device technologies and techniques to try to associate users and households to multiple devices (e.g., TVs, mobile phones, tablets, computers, and other … Continue Reading

FCC Closes Year With Enforcement Advisory on Text Messages

By Alan L. Friel on December 30, 2016 Posted in Mobile Privacy

Almost a year and a half after the Federal Communications Commission (FCC or Commission) issued a rule update to its rules and regulations implementing the Telephone Consumer Protection Act (TCPA) (2015 FCC TCPA Omnibus Ruling and Order),[1] which we discussed then here, the Commission, in a formal Enforcement Advisor (Advisory), has warned companies that use … Continue Reading

FTC Settles with Ad Tech Company Over Deceptive Online Tracking Practices

By Melinda L. McLellan and Robyn M. Feldstein on December 27, 2016 Posted in Behavioral Advertising, Enforcement, Marketing, Mobile Privacy, Online Privacy

On December 20, 2016, the Federal Trade Commission (FTC) announced that Turn Inc. agreed to settle charges that it misled consumers about its online tracking activities and failed to honor consumer opt-outs as described in its privacy policy. Background Turn is a digital advertising company that facilitates targeted marketing by commercial brands and ad agencies … Continue Reading

DAA Issues Inaugural Enforcement Action for Compliance with Mobile App Guidelines

By Alan L. Friel and F. Paul Pittman on May 9, 2016 Posted in Mobile Privacy

In a prior post we noted the Digital Advertising Alliance’s (DAA) intention, late last year, to begin enforcement of the Application of Self-Regulatory Principles to the Mobile Environment (Mobile App Guidelines), which apply to all participants in the mobile advertising ecosystem. The DAA recently followed through on this promise by issuing its inaugural enforcement decision … Continue Reading

2016 Mobile Data Privacy and Security Update and 2015 Review

By Fernando A. Bohorquez, Jr. and Jenna N. Felz on April 4, 2016 Posted in Mobile Privacy

To say that mobile device usage has reached a tipping point would be an understatement. There are now more mobile devices than people in the world, a staggering 7.9 billion mobile devices for 7.4 billion people on Earth. In the U.S., more time is spent on mobile media than on desktop and other media, 2.8 … Continue Reading

Court Dismisses TCPA Claim Against WhisperText Where Text Messages Sent at App Users’ Direction

By Daniel Goldberg on September 16, 2015 Posted in Mobile Privacy

Last week, in McKenna v. WhisperText et al., No. 5:14-CV-00424-PSG, 2015 WL 428728 (N.D. Cal. Sept. 9, 2015), the U.S. District Court for the Northern District of California dismissed a purported Telephone Consumer Protection Act (“TCPA”) class action on grounds that the plaintiff failed to allege that the defendant used an Automatic Telephone Dialing System … Continue Reading

FCC’s New TCPA Order May Require Companies to Obtain Updated Consents for Marketing Calls and Texts

By Tanya Forsheit, Alan L. Friel and Melinda L. McLellan on July 22, 2015 Posted in Enforcement, Marketing, Mobile Privacy, Privacy Class Actions, Retail Industry

Last week we published an overview of key issues raised by the Federal Communications Commission’s July 10, 2015, Declaratory Ruling and Order regarding the Telephone Consumer Protection Act (the “July 2015 Order”). The July 2015 Order responded to 21 requests for clarification concerning previous rules and orders the FCC has issued pursuant to the TCPA, … Continue Reading

“Don’t Call Us, We’ll Call You.” The FCC’s Latest TCPA Ruling Imposes Even More Restrictions on Telemarketing Calls and Texts

By Tanya Forsheit and Melinda L. McLellan on July 15, 2015 Posted in Enforcement, Marketing, Mobile Privacy, Privacy Class Actions, Retail Industry

On July 10, 2015, the Federal Communications Commission released the Omnibus Declaratory Ruling and Order (the Order) it adopted on June 18. The Order addresses requests for clarification regarding requirements under the Telephone Consumer Protection Act (TCPA) and previous rules and orders issued by the Commission. The Order, which took effect immediately upon release, is … Continue Reading

As FCC Flexes New Consumer Protection and Privacy Regulatory Enforcement Muscles Against ISPs, Some Call for Expanded Authority Over Online Services

By F. Paul Pittman on July 2, 2015 Posted in Big Data, Information Security, Mobile Privacy

The Federal Communications Commission (FCC) has imposed a record $100M forfeiture fine against a global telecommunications company for alleged deceptive data plan promotions. The FCC’s fine comes on the heels of revisions to its 2010 Open Internet rules that expanded its enforcement authority over “telecommunications service” providers to cover broadband Internet service providers (ISPs). Under … Continue Reading

Social Media’s Not For You—It’s About You: Risks for Organizations in a New Age of Sharing

By James A. Sherer and Melinda L. McLellan on April 20, 2015 Posted in Data Breaches, Information Governance, International Privacy Law, Mobile Privacy, Privacy Litigation, Social Media, Workplace Privacy

Social media and social networking, including websites and applications that allow users to create and share content, have become ubiquitous. Joining the social networking revolution may be very easy for individuals, but establishing best practices for organizations that want or need to be actively engaged with social media is not. Initial considerations tend to focus … Continue Reading

Bring Your Own Device (Everywhere): Legal and Practical Considerations for International BYOD Programs

By Melinda L. McLellan and James A. Sherer on March 30, 2015 Posted in Information Governance, International Privacy Law, Mobile Privacy, Privacy Litigation, Workplace Privacy

The cross-use of mobile devices for personal and professional purposes, commonly referred to as “Bring Your Own Device” or “BYOD”, is a relatively recent phenomenon that has created a host of legal and practical challenges for organizations of all sizes. Implementing a BYOD program is especially complex for companies that have employees who regularly travel … Continue Reading

2014 Mobile Privacy and Security Trends and What to Look for in 2015

By Fernando A. Bohorquez, Jr. and Jenna N. Felz on January 23, 2015 Posted in Mobile Privacy

Most analysts and commentators agree that 2014 was the year mobile reached a tipping point. With over 1 billion mobile smartphones in circulation, 2014 marked the first year that mobile Internet usage surpassed desktop use in the U.S. This trend will continue as users spend more time on mobile apps than on the Web. Mobile … Continue Reading

Fernando Bohorquez Participates in Compliance Week Podcast: Navigating the Pitfalls of Geolocation Data

By BakerHostetler on January 2, 2015 Posted in Mobile Privacy

The media recently reported that app-based ride sharing service Uber misused the company’s real-time location feature to track customers without their consent. Photo-sharing app Snapchat recently faced a complaint from the Federal Trade Commission because its privacy policy claimed it did not collect location-based information when it actually did. In light of these incidents, Partner … Continue Reading

FTC $19 Million Settlement with Google: Unauthorized In-App Charges Are Not Child’s Play

By Jenna N. Felz on December 18, 2014 Posted in Children’s Privacy, Mobile Privacy

The FTC recently approved a final Order resolving allegations that Google unfairly billed customers millions of dollars for unauthorized charges made by children using mobile apps downloaded from the Google Play app store. Under the settlement, first announced in September, Google will provide full refunds to consumers charged for purchases of items within mobile apps … Continue Reading

Will Using “Apple Pay” Keep the Data Breach Away?

By Eric A. Packel on October 13, 2014 Posted in Data Breaches, Mobile Privacy

Recently Apple unveiled its latest iPhones and other new products. While the big screens on the new iPhones are making the splashy headlines, perhaps the most interesting reveal, from a data privacy perspective, is not a shiny gadget, but the new mobile payment service dubbed “Apple Pay”. Although mobile payment services aren’t new – Google … Continue Reading

Mobilizing on Mobile Apps: The FTC’s Comment to the CFPB Signals its Priorities

By William W. Hellmuth on October 7, 2014 Posted in Mobile Privacy

In recent months, the Federal Trade Commission (“FTC”) has been steadily ramping up its efforts to monitor, regulate, and provide best practice guidance in the rapidly expanding field of mobile applications. On September 10, 2014, the FTC issued a staff comment in response to the Consumer Financial Protection Bureau’s (“CFPB”) Request for Information on the … Continue Reading