Data Privacy Monitor

Data Privacy Monitor

Commentary on Data Privacy & Information Security Subjects

Category Archives: Mobile Privacy

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Court Dismisses TCPA Claim Against WhisperText Where Text Messages Sent at App Users’ Direction

Posted in Mobile Privacy
Last week, in McKenna v. WhisperText et al., No. 5:14-CV-00424-PSG, 2015 WL 428728 (N.D. Cal. Sept. 9, 2015), the U.S. District Court for the Northern District of California dismissed a purported Telephone Consumer Protection Act (“TCPA”) class action on grounds that the plaintiff failed to allege that the defendant used an Automatic Telephone Dialing System… Continue Reading

FCC’s New TCPA Order May Require Companies to Obtain Updated Consents for Marketing Calls and Texts

Posted in Enforcement, Marketing, Mobile Privacy, Privacy Class Actions, Retail Industry
Last week we published an overview of key issues raised by the Federal Communications Commission’s July 10, 2015, Declaratory Ruling and Order regarding the Telephone Consumer Protection Act (the “July 2015 Order”). The July 2015 Order responded to 21 requests for clarification concerning previous rules and orders the FCC has issued pursuant to the TCPA,… Continue Reading

“Don’t Call Us, We’ll Call You.” The FCC’s Latest TCPA Ruling Imposes Even More Restrictions on Telemarketing Calls and Texts

Posted in Enforcement, Marketing, Mobile Privacy, Privacy Class Actions, Retail Industry
On July 10, 2015, the Federal Communications Commission released the Omnibus Declaratory Ruling and Order (the Order) it adopted on June 18. The Order addresses requests for clarification regarding requirements under the Telephone Consumer Protection Act (TCPA) and previous rules and orders issued by the Commission. The Order, which took effect immediately upon release, is… Continue Reading

As FCC Flexes New Consumer Protection and Privacy Regulatory Enforcement Muscles Against ISPs, Some Call for Expanded Authority Over Online Services

Posted in Big Data, Information Security, Mobile Privacy
The Federal Communications Commission (FCC) has imposed a record $100M forfeiture fine against a global telecommunications company for alleged deceptive data plan promotions. The FCC’s fine comes on the heels of revisions to its 2010 Open Internet rules that expanded its enforcement authority over “telecommunications service” providers to cover broadband Internet service providers (ISPs). Under… Continue Reading

Social Media’s Not For You—It’s About You: Risks for Organizations in a New Age of Sharing

Posted in Data Breaches, Information Governance, International Privacy Law, Mobile Privacy, Privacy Litigation, Social Media, Workplace Privacy
Social media and social networking, including websites and applications that allow users to create and share content, have become ubiquitous. Joining the social networking revolution may be very easy for individuals, but establishing best practices for organizations that want or need to be actively engaged with social media is not. Initial considerations tend to focus… Continue Reading

Bring Your Own Device (Everywhere): Legal and Practical Considerations for International BYOD Programs

Posted in Information Governance, International Privacy Law, Mobile Privacy, Privacy Litigation, Workplace Privacy
The cross-use of mobile devices for personal and professional purposes, commonly referred to as “Bring Your Own Device” or “BYOD”, is a relatively recent phenomenon that has created a host of legal and practical challenges for organizations of all sizes. Implementing a BYOD program is especially complex for companies that have employees who regularly travel… Continue Reading

2014 Mobile Privacy and Security Trends and What to Look for in 2015

Posted in Mobile Privacy
Most analysts and commentators agree that 2014 was the year mobile reached a tipping point.  With over 1 billion mobile smartphones in circulation, 2014 marked the first year that mobile Internet usage surpassed desktop use in the U.S. This trend will continue as users spend more time on mobile apps than on the Web. Mobile… Continue Reading

Fernando Bohorquez Participates in Compliance Week Podcast: Navigating the Pitfalls of Geolocation Data

Posted in Mobile Privacy
The media recently reported that app-based ride sharing service Uber misused the company’s real-time location feature to track customers without their consent. Photo-sharing app Snapchat recently faced a complaint from the Federal Trade Commission because its privacy policy claimed it did not collect location-based information when it actually did. In light of these incidents, Partner… Continue Reading

FTC $19 Million Settlement with Google: Unauthorized In-App Charges Are Not Child’s Play

Posted in Children’s Privacy, Mobile Privacy
The FTC recently approved a final Order resolving allegations that Google unfairly billed customers millions of dollars for unauthorized charges made by children using mobile apps downloaded from the Google Play app store. Under the settlement, first announced in September, Google will provide full refunds to consumers charged for purchases of items within mobile apps… Continue Reading

Will Using “Apple Pay” Keep the Data Breach Away?

Posted in Data Breaches, Mobile Privacy
Recently Apple unveiled its latest iPhones and other new products. While the big screens on the new iPhones are making the splashy headlines, perhaps the most interesting reveal, from a data privacy perspective, is not a shiny gadget, but the new mobile payment service dubbed “Apple Pay”. Although mobile payment services aren’t new – Google… Continue Reading

Mobilizing on Mobile Apps: The FTC’s Comment to the CFPB Signals its Priorities

Posted in Mobile Privacy
In recent months, the Federal Trade Commission (“FTC”) has been steadily ramping up its efforts to monitor, regulate, and provide best practice guidance in the rapidly expanding field of mobile applications. On September 10, 2014, the FTC issued a staff comment in response to the Consumer Financial Protection Bureau’s (“CFPB”) Request for Information on the… Continue Reading

FTC Final Orders with Fandango and Credit Karma Provide Guidance on Mobile App Security

Posted in Mobile Privacy
In August 2014, the Federal Trade Commission (“FTC”) approved final orders resolving its actions against Fandango, LLC (“Fandango”) and Credit Karma, Inc. (“Credit Karma”) for allegedly misrepresenting the security of their mobile apps to customers because of alleged security flaws in both mobile applications. Companies can look to the complaints and settlement orders for guidance… Continue Reading

New CA Privacy Disclosure Requirements Clarified By AG

Posted in Mobile Privacy
California has a number of privacy notice requirements for businesses collecting data from California residents, including as of January 1 of this year a requirement that websites, mobile apps and online services make certain disclosures regarding how they respond to browser and other “do not track signals” and regarding the presence and functionality of tracking… Continue Reading

iBeacons Usher in New Era of Mobile Advertising in 2014, Raise Old Privacy Concerns

Posted in Behavioral Advertising, Marketing, Mobile Privacy, Online Privacy
Editor’s Note: This blog post was originally published on February 6, 2014 courtesy of iMedia Connection’s Blog. It is repurposed with permission. Remember that scene from Minority Report? The one where John Anderton (Tom Cruise) takes a trip to GAP, virtual billboards call out his name and bombard him with offers as he walks through… Continue Reading

FTC Reaches $32.5 Million Settlement Agreement with Apple, Inc. Over Deceptive Billing Practices in Mobile Apps for Children

Posted in Mobile Privacy
The Federal Trade Commission announced its sizeable settlement agreement with Apple, Inc. on Wednesday, over allegations that the company had violated Section 5 of the Federal Trade Commission Act by billing consumers millions of dollars for in-app purchases made by children on Apple devices without parental consent.  Apple agreed to fully refund affected consumers, paying… Continue Reading

Are You Ready for the New Telephone and Text Marketing Rules?

Posted in Marketing, Mobile Privacy
Effective October 16, 2013, the rules governing telephone and text marketing will significantly change. Under prior Federal Communications Commission (FCC) regulations issued under the Telephone Consumer Protection Act (TCPA) (47 U.S.C. 227), telephone and text marketers could telephone and text market to consumers’ residential phones using autodialing equipment that is standard in call center operations,… Continue Reading

Legal concepts every social media marketer should know: Part I — Consumer privacy

Posted in Children’s Privacy, Marketing, Mobile Privacy, Online Privacy, Social Media
Editor’s Note: This blog post was originally published on August 12, 2013, courtesy of iMedia Connection’s Blog. It is repurposed with permission. This post is co-authored by Alan M. Pate. There are three things a social media website operator or digital marketer probably hates to hear most before  launching an online ad campaign: 1. Can you make… Continue Reading

HHS Office of Civil Rights Hosts Webinar on Final Rule

Posted in HIPAA/HITECH, Information Security, Medical Privacy, Mobile Privacy, Online Privacy
Today, the Department of Health and Human Services, Office of Civil Rights (OCR), joined with the Workgroup for Electronic Data Interchange and hosted an online seminar discussing HITECH requirements in the new Final Rule. The presentations covered many points about the Final Rule previously outlined on this blog (see here, here, and here). Rachel Seeger,… Continue Reading

The FTC Mobile Privacy Staff Report

Posted in Behavioral Advertising, Enforcement, Mobile Privacy, Online Privacy
As reported here, the FTC earlier this month released a staff report on mobile privacy. The report, Mobile Privacy Disclosures: Building Trust Through Transparency, provides privacy practice recommendations to firms operating in the mobile app development “ecosystem.” The report’s recommendations are geared mainly toward developers and app store operators, such as Apple, Google, or Microsoft.… Continue Reading

FTC Announces New COPPA Enforcement Action & Mobile Privacy Staff Report

Posted in Children’s Privacy, Mobile Privacy
At a press conference this morning, outgoing FTC Chairman Jon Leibowitz announced an $800,000 settlement of its recent enforcement action against Path, the operator of a social networking app. The Path mobile app allowed users, including children, to create and share journals across their social network. The FTC had alleged violations of the Children’s Online… Continue Reading

Lame Duck Congress Acts on Privacy Bills, Mostly With an Eye Toward 2013

Posted in Identity Theft, Mobile Privacy, Online Privacy
While continuing congressional inaction on the fiscal cliff is getting most of the ink/pixels in news headlines over the last couple weeks, several privacy bills have advanced in the House and Senate. Though only one is likely to become law before the 112th Congress ends in a few days, they embody what will be the… Continue Reading

Leveson on Data Protection in the UK: What Do Allegations of Phone Hacking Have to Do With Data Protection?

Posted in Mobile Privacy
Editor’s Note: This post is a joint submission to BakerHostetler’s Media Law Bytes & Pieces blog. The much-anticipated Leveson Inquiry on the Culture, Practices and Ethics of the Press (“Leveson Report” or “Report”) was released on November 29, 2012.  The inquiry leading to the Report was initiated as a response to ongoing reports and allegations… Continue Reading

FTC Launches Investigation of Children’s Mobile App Compliance with COPPA; Continues to Study “Comprehensive” Data Collection

Posted in Children’s Privacy, Mobile Privacy
Monday, on a call with reporters to discuss the findings of its second survey of kids mobile device applications, attorneys with the Federal Trade Commission (1) called on industry – app developers, app stores, and third party recipients of collected data – to improve privacy disclosures; (2) said it is developing consumer education material in… Continue Reading

Delta’s Mobile Application’s “Wings Clipped”

Posted in Mobile Privacy
A powerful reminder to the business community that it must take mobile application (“App”) privacy seriously was provided by California Attorney General Kamala D. Harris in the form a complaint filed against Delta Airlines, Inc. (“Delta”) last Thursday. Attorney General Harris announced first ever legal action taken under the California Online Privacy Protection Act (“CalOPPA”),… Continue Reading