In a decision with important implications for companies that hire outside marketing firms, a federal judge has certified a class of nearly 60,000 individuals who allegedly received an unsolicited text message from a marketing company hired by Stonebridge Life Insurance Company. The plaintiff in Lee v. Stonebridge Life Insurance Company and Trifecta Marketing Company, LLC, 3:11-cv-00043 (N.D. [...]
Tag Archives: mobile
FTC Releases Mobile Privacy Report and Announces Settlement with Mobile App Operator
Today the FTC released Mobile Privacy Disclosures: Building Trust Through Transparency, a report containing recommendations for the mobile industry. The report encourages mobile app platforms to play a significant role in providing consumers with privacy-related information, devoting more pages to recommendations for platforms than it does for developers, ad networks, third-party service providers, and trade [...]
Lawmakers Develop Mobile Privacy Legislation While California AG Files Privacy Suit Against Mobile App Developer
James Denvil, an associate in our Washington office, contributed to this entry. This week, Washington lawmakers and California’s Attorney General focused their attention on mobile privacy. The Senate Judiciary Committee is considering a measure that would establish legal requirements for apps that collect or share location information from mobile devices. A Democratic congressman released for [...]
California AG Sends Enforcement Letter to Developers of Popular Mobile Apps
On Tuesday, October 30, the California Attorney General Kamala Harris announced that her office has begun “formally notifying” mobile device application (“app”) operators that they are out of compliance with the notice provisions of the California Online Privacy Protection Act of 2003 (“CalOPPA”). The letters are a reminder that app developers and their partners should review their app data privacy and security practices and ensure that any apps collecting PII comply with the CalOPPA requirements, as well as other applicable Federal and state laws.
GAO Calls for Additional Federal Action in Mobile Privacy Report
On October 11, 2012, the U.S. Government Accountability Office (GAO) issued a report titled “Mobile Device Location Data: Additional Federal Actions Could Help Protect Consumer Privacy.” Requested by Sen. Al Franken (D-MN), the Report recognizes the efforts of Federal agencies to protect consumer privacy when using mobile devices but calls for additional action
FTC Provides Guidance to (All) Mobile App Developers
Following up on a public workshop held earlier this year, today the Federal Trade Commission (FTC) issued a set of truth-in-advertising and privacy guidelines for mobile device application (app) developers. Titled “Marketing Your Mobile App: Get it Right From the Start,” the guidelines provide an overview of key issues for all app developers to consider.
Parties Divided Over FCC Involvement in Mobile Privacy
Comments filed recently with the Federal Communications Commission (FCC) show a deep divide over whether the agency should pursue further action to address privacy and security of information stored on mobile devices. Reply comments are due soon.
Is There a Breach in the Dam Holding Back Damage Actions for Alleged Privacy Breaches?
Two recent federal cases alleging privacy violations in the mobile context have been allowed to proceed based on novel damages allegations. The long-standing presumption that mere exposure of personal data is insufficient for standing and damage actions may become irrelevant if plaintiffs are able to link the exposure to increased costs of device usage.
NTIA to Focus on Mobile App Transparency in First Privacy Multistakeholder Meeting
NTIA has announced that it will hold the first meeting in its long-awaited privacy multistakeholder process on July 12, 2012, focusing on mobile application transparency issues.
FTC Releases Final Privacy Report
Today the Federal Trade Commission (FTC) issued its long-awaited privacy report, “Protecting Consumer Privacy in an Era of Rapid Change: Recommendations for Businesses and Policymakers,” which is intended to articulate “best practices” for companies that collect and use consumer data, and to assist Congress as it considers new privacy legislation.
Industrywide App Agreement Enhances Privacy Protections and Enforcement
A new agreement this week between mobile app platform operators and the California Attorney General effectively creates enforceable, nationwide mobile app privacy standards that companies will need to follow going forward.
FTC Criticizes Privacy Disclosures for Children’s Apps
The FTC yesterday issued a staff report calling upon members of the mobile app ecosystem to provide better privacy notices to parents about mobile apps directed to children. The report is described in this blog entry.
Draft House Bill Would Impose New Requirements on Mobile Data Collection and Create Joint FTC-FCC Oversight
A draft bill circulating on the Hill would impose new regulations on companies involved in the mobile “app” ecosystem, including wireless service providers, equipment manufacturers, device retailers, operating system providers, website operators, and other online service providers.
New Guidelines Released for Mobile App Privacy Policies
Amid increasing media and regulator scrutiny over location-based services, the Mobile Marketing Association has released a set of draft privacy policy guidelines for mobile applications (“apps”). These guidelines address key data privacy and security issues and provide a helpful “starting point” for companies that develop or deploy mobile apps. With assistance from Hogan Lovells, the Future of Privacy Forum participated in the development of these guidelines.
App Privacy is in the News Again
This blog entry describes and links to articles from today’s Wall Street Journal and New York Times concerning the proliferation of appps (at the expense of software manufacturers) and the issue of app privacy, and how industry is addressing it. Hogan Lovells’ Chris Wolf is quoted in the Times article on how app developers should invest in creating privacy policies as a fundamental requirement, and a free webinar on app privacy hosted by the Mobile Marketing Association in conjunction with the Future of Privacy Forum is described, with a registration link.