With advances in technology and business marketing come changes in the law and new litigation. Many businesses are familiar with the federal Telephone Consumer Protection Act (TCPA) but may be less familiar with Florida’s version, the Florida Telephone Solicitation Act (FTSA). A recent wave of class-action lawsuits stems from a 2021 amendments to the FTSA
Strengthened Florida Data Breach Notification Law Signed by Governor Scott
As we reported earlier, Florida lawmakers passed extensive revisions to its existing data breach notification law, SB 1524. On June 20, 2014, Florida’s Governor Rick Scott signed the bill into law, which becomes effective on July 1, 2014.
Our earlier post provides more of a discussion about key provisions of the law. But…
Florida Social Media Bill Dies In Committee
As we previously reported, the Florida legislature was considering joining numerous other states which have banned employers from requesting or requiring access to current or prospective employees’ social media accounts.
Senate Bill SB198, which was entitled “An Act Relating to Social Media Privacy,” has died in committee. As such, Florida will not be…
Florida Legislature Seeks to Overhaul Existing Data Security Law
On the heels of recent nationwide data breaches of consumer personal information, the Florida State Senate has proposed SB 1524, which if adopted will become effective on July 1, 2014, to revamp and replace existing state data security law and, in particular, impose a statutory requirement to safeguard personal information, reporting a breach to…
Facebook Posts Not Discoverable
The Florida District Court of Appeal, Second District quashed an order requiring the mother of a vehicle accident victim to produce copies of certain postings on her Facebook account.
In Root v. Balfour Beatty Constr., LLC, the plaintiff, Tonia Root (“plaintiff”) filed a negligence suit against the city and its contractors following an accident
Facebook Post Breaches Confidentiality Provision of Settlement Agreement
A Florida appellate court has ruled that a teenaged daughter’s post on Facebook mentioning her father’s confidential settlement of an age discrimination claim breached a confidentiality provision in the settlement agreement, barring the father from collecting an $80,000 settlement. Gulliver Schools, Inc. v. Snay, No. 3D13-1952 (Fla 3d DCA Feb. 26, 2014).
Florida Considers Prohibition on Employers Requesting Access to Social Media Accounts
The Florida Senate is considering joining a multitude of states which have banned employers from requesting or requiring access to current or prospective employees’ social media accounts.
Senate Bill SB198, entitled “An Act Relating to Social Media Privacy,” would prohibit employers from requiring or requesting access to employee or applicant social media accounts and…
HIPAA Preempts Less Protective State Law Concerning Medical Records of Deceased Nursing Home Residents, Eleventh Circuit Rules
Federal Appeals Court address HIPAA preemption of state law.
Continue Reading HIPAA Preempts Less Protective State Law Concerning Medical Records of Deceased Nursing Home Residents, Eleventh Circuit Rules
Florida’s New “Sexting” Law Makes it Criminal for Minors to Transmit Sexually Explicit Materials Electronically
Florida has joined 20 other states have enacted legislation addressing teen sexting. Because employees frequently transmit these materials using their employer’s networks, retail, entertainment, hospitality and other industries that traditionally employ large numbers of younger workers may soon get dragged into criminal proceedings because of “sexting” by their younger workers.
Continue Reading Florida’s New “Sexting” Law Makes it Criminal for Minors to Transmit Sexually Explicit Materials Electronically
Maryland Restricts Employer Use of Credit History Information
On April 12, 2011, Maryland Governor Martin O’Malley signed into law S.B. 132/H.B. 87. Under this law, Maryland employers, except in limited circumstances, are prohibited from using an individual’s consumer credit history for hiring or other employment purposes.
Beginning October 1, 2011, employers are prohibited from using credit report data to deny employment, discharge an…