Back in October of 2019, the U.S. Supreme Court was petitioned to review a Ninth Circuit ruling regarding the Telephone Consumer Privacy Act (“TCPA”) on the following issues: 1) whether the TCPA’s prohibition on calls made by an automatic telephone dialing system (“ATDS”) is an unconstitutional restriction of speech, and if so whether the proper
Supreme Court Weighs in on TCPA Constitutionality
In a much-anticipated Supreme Court decision, Barr v. American Association of Political Consultants, sure to impact the future of the Telephone Consumer Protection Act (“TCPA”), the Court addressed the issue of whether the government-debt exception to the TCPA’s automated-call restriction violates the First Amendment, and whether the proper remedy for any constitutional violation is
CCPA Litigation is on the Rise: Is Your Organization Prepared?
On January 1, 2020 the California Consumer Privacy Act (CCPA) took effect. Largely considered the most expansive U.S. privacy law to date, there has been much anticipation over the impact the law will have on the privacy litigation landscape. Although the California Attorney General’s (“AG”) enforcement authority only begins on July 1, this has not
EEOC Issues Guidance on Antibody Testing in the Workplace
In late-March and April 2020, the Equal Employment Opportunity Commission (EEOC) released guidance addressing various questions with answers concerning COVID-19 and related workplace disability-related issues under the Americans with Disabilities Act (ADA). Recently, on June 17th, the EEOC updated its guidance to include a new question regarding antibody testing.
Most of the questions
Vermont Updates its Data Breach Notification Law
As the COVID-19 pandemic presses on, privacy and security matters continue to be at the forefront for federal and state legislature. We recently reported that Washington D.C. updated its data breach notification law. Now, the Vermont legislature also amended its data breach notification law, with significant overhauls including expansion of its definition of personal information,
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
U.S. Supreme Court Will Finally Weigh in on Scope of CFAA
The United States Supreme Court recently granted a petition for certiorari in Van Buren v. United States addressing the issue of whether it is a violation of the Computer Fraud and Abuse Act (“CFAA”) when an individual who is authorized to access information on a computer, accesses the same information for an improper purpose. The
FCC’s Declaratory Ruling on the TCPA’s “Emergency Purposes” Exception During COVID-19: Does it apply to Workplace Correspondence?
The Telephone Consumer Protection Act (“TCPA”) generally prohibits the use of automated dialing equipment or prerecorded voice messages to make calls, send text messages, or send faxes absent prior consent of the called party. This includes calls or texts to cellular phone numbers as well as calls to residential lines. There are limited exceptions to
Work-From-Home Checklist During the Coronavirus Pandemic
The debate over working from home continues, reaching a high point in 2013 when Marissa Mayer, then CEO of Yahoo, sought to curb the practice. However, as the Coronavirus continues to spread across the U.S., more companies are instructing their employees to work-from-home as a social distancing technique to help contain the spread and
California AG Urges Congress Not to Preempt the CCPA
Earlier this month, California Attorney General (“AG”) Xavier Becerra sent a letter to several members of U.S. Congress, providing an update on the implementation of the newly effective California Consumer Privacy Act (CCPA), and urging Congress not to enact a federal law that would preempt the CCPA and other state consumer privacy measures. Instead, AG