The Federal Trade Commission (FTC) has entered into a settlement with a provider of management software for car dealerships that held personal information, including SSN’s and payroll information, in cleartext,
Continue Reading FTC, Car Dealership Management Software Company Reach Settlement Over Storage of Personal Information in Cleartext

Changes to the Safeguards Rule and the Privacy Rule applicable to financial institutions under the Gramm Leach Bliley Act are in the works.

The FTC is proposing changes to the
Continue Reading FTC Seeking Comment on Changes to the Safeguards and Privacy Rules Under Gramm-Leach-Bliley Act

On July 23, 2017, Washington State will become the third state (after Illinois and Texas) to statutorily restrict the collection, storage and use of biometric data for commercial purposes. The
Continue Reading Washington State Passes Law Restricting Commercial Collection, Storage and Use of Biometric Data

More often than not companies are realizing that they have a consumer provide her information after she has previously opted-out of marketing. For example, a company collects contact information online, sends a consumer email marketing its services, and she opts-out of further email marketing by following the “opt-out” procedures in that email. Six months later the same consumer participates in a survey sponsored by the same company, the terms of which state that by participating in the survey the consumer consents to receive further marketing communications from the company. Is the company bound by the prior opt-out by the consumer, or does her participation in the survey under the rules permitting marketing override the original opt-out?
Continue Reading When a Consumer Gives Personal Information After Opting-Out