Q2 2016 Quick Links, Part 4 (Marketing, Privacy, Contracts)

Advertising/Marketing * Google will no longer run ads for payday lenders. * GALA: Brazil Enacts New Ambush Marketing Laws in Advance of Rio 2016 Olympic Games * Slate: The Do Not Call list was supposed to defeat telemarketers. Now scammy…

"Manufactured" TCPA Suit Fails For Lack of Standing

“Manufactured” TCPA Suit Fails For Lack of Standing

This is a TCPA lawsuit over unsolicited calls. Although plaintiff resided in Pennsylvania, she purchased 35 pre-paid phones with Florida area codes. The area codes were selected because they are comparatively economically depressed and thus more likely to get collection…

North Carolina State Supreme Court Strikes Down Cyberbullying Statute

North Carolina State Supreme Court Strikes Down Cyberbullying Statute

Dillion Price, the putative victim, was the subject of Facebook discussions by his high school peers. A classmate of Price’s posted a screenshot of a sexually themed text message Price allegedly sent him. Commentary ensued, and defendant Robert Bishop commented…

Scraping Lawsuit Survives Dismissal Motion–CouponCabin v. Savings.com

We blog pretty much every scraping case we see; we just don’t see many of them. As I’ve told you before, scraping is ubiquitous but of dubious legality. Today’s case reiterates just how hard it is for scrapers to win…

Will the Spokeo v. Robins Supreme Court Ruling Favor Plaintiffs Or Defendants? Uh...

Will the Spokeo v. Robins Supreme Court Ruling Favor Plaintiffs Or Defendants? Uh…

The Supreme Court issued its opinion in Spokeo v. Robins. A six Justice majority reversed the Ninth Circuit’s decision on the basis that the Ninth Circuit did not sufficiently consider whether Mr. Robins’s alleged harms were “concrete.” On the question…

Judge Scolds Litigant For Making Facebook Account "Private" During Litigation--Thurmond v. Bowman

Judge Scolds Litigant For Making Facebook Account “Private” During Litigation–Thurmond v. Bowman

This is a social media evidence ruling. Plaintiff filed a Fair Housing Act lawsuit alleging that a prospective landlord decline to rent an apartment after learning that two of plaintiff’s children would be living with her. The lease denial allegedly…

Facebook Gets Bad Ruling In Face-Scanning Privacy Case--In re Facebook Biometric Information Privacy Litigation

Facebook Gets Bad Ruling In Face-Scanning Privacy Case–In re Facebook Biometric Information Privacy Litigation

The plaintiffs allege Facebook’s face-scanning functionality (that underlies its “tag suggestion” feature) violates the Illinois Biometric Information Privacy Act. Several lawsuits were originally filed in Illinois, but the parties agreed to transfer the cases to the Northern District of California,…

Important and Troubling Video Privacy Protection Act (VPPA) Ruling From First Circuit--Yershov v. Gannett

Important and Troubling Video Privacy Protection Act (VPPA) Ruling From First Circuit–Yershov v. Gannett

This is a Video Privacy Protection Act case alleging that Gannett, the owner of USA Today, improperly disclosed personally identifiable information to Adobe. Adobe offers analytics services to its clients by collecting user information and building user profiles. As alleged…

Q1 2016 Quick Links, Part 3 (DOJ v. Apple, ISIS, Censorship & More)

Q1 2016 Quick Links, Part 3 (DOJ v. Apple, ISIS, Censorship & More)

Surveillance * The whole Apple v. DOJ fracas was insane! NY Times: In Nod to Law Enforcement, Obama Ends Attempt to Straddle Privacy Divide. Vice: Obama’s Call for Encryption ‘Compromise’ Is Hypocritical. NY Times: For Apple, a Search for a…

Does Two-Factor Authentication Violate the TCPA?--Duguid v. Facebook

Does Two-Factor Authentication Violate the TCPA?–Duguid v. Facebook

Plaintiff sued Facebook alleging TCPA claims on behalf of a putative class. Facebook sends text messages when someone logs in to their account via a new or unrecognized device. Plaintiff was a non-Facebook user who received these messages. Unfortunately, despite…