The passing of U.S. Supreme Court Justice Ruth Bader Ginsburg will likely bring with it many shifts in the Court on key issues, among which are matters regarding the Telephone Consumer Protection Act (TCPA), most imminently – what qualifies as an auto dialer. The TCPA has been ever evolving in recent years as courts and
California Assembly Passes CCPA Amendment: Employee Personal Information Exemption Extension
The California Consumer Privacy Act (“CCPA”) has only been in effect since January, but amendments are already on the horizon. Personal information in the employment context was highly contested during the CCPA’s amendment process prior to enactment and has continued to be a point of deliberation even after the CCPA’s effective date.
In its current
Examples of COVID19 Screening, Social Distancing, and Contact Tracing Technologies and Related Legal and Practical Issues
As organizations work feverishly to return to business in many areas of the country, they are mobilizing to meet the myriad of challenges for providing safe environments for their workers, customers, students, patients, and visitors. Chief among these challenges are screening for COVID19 symptoms, observing social distancing, contact tracing, and wearing masks. Fortunately, innovators are
Out of Sight is Not Out of Mind – Monitoring Workers Working From Home
Just over a month ago, we provided a high-level checklist to help organizations think about critical issues as employees begin working from home to reduce the spread of COVID19. Consistent with “shelter-in-place”/”stay at home” orders, millions of workers that can are now working from home. However, out of sight is not out mind as many
Videoconferencing Zooms to the Forefront in the COVID-19 World
As the COVID-19 crisis continues, many companies throughout the country have arranged for significant portions of their workforce to work from home. A natural part of that arrangement is conducting videoconferences. With employees working at home in isolation, many seek opportunities to connect with others through a visual medium. Thus, companies are using videoconferencing to
Requests to Know under the CCPA: Practical Compliance Tips
The much anticipated California Consumer Privacy Act (“CCPA”) is now in effect (as of January 1, 2020), and as we’ve recently reported, class action litigation under the CCPA has already begun. Organizations should have already assessed whether their business is subject to the new law and if so, taken steps to ensure compliance. Likely,
Two More Significant Rulings for TCPA Litigation – Eleventh and Seventh Circuits Narrowly Interpret ATDS
In back-to-back decisions bound to have significant impact on Telephone Consumer Protection Act (TCPA) class action litigation, the Eleventh and Seventh Circuit Courts recently reached similar conclusions, narrowly holding that the TCPA’s definition of Automatic Telephone Dialing System (ATDS) only includes equipment that is capable of storing or producing numbers using a “random or sequential”
The Supreme Court and the Future of the TCPA
In a decision that may have significant impact on businesses that face Telephone Consumer Protect Act (“TCPA”) related class action litigation, the Supreme Court recently accepted certiorari of a petition to rule on the constitutionality of the TCPA. The Court agreed to review a ruling of the Fourth Circuit which held that a TCPA exemption
CA Attorney General Updates CCPA Proposed Regulations
Many businesses and their service providers have been awaiting final guidance from the California Attorney General concerning the California Consumer Privacy Act (CCPA). When news came last Friday of a regulatory update (“Update”), there may have been some initial disappointment that the Update did not announce final regulations, but only revisions to existing proposed regulations
CCPA Data Breach Class Action Litigation Begins
As reported by Bloomberg Law, data breach class action litigation has begun under the California Consumer Privacy Act (CCPA). Filed in the Northern District of California, San Francisco Division, a putative class action lawsuit against Hanna Andersson, LLC and its ecommerce platform provider, Salesforce.com, alleges negligence and a failure to maintain reasonable safeguards, among