Behind the Scenes | Volume 2, Issue 6
Steve Madden Settles TCPA Class Action for Up to $10 Million After Texting Customers
On May 7, 2013, the US District Court for the Central District of California granted final approval of Steven Madden, Ltd.’s settlement of a nationwide class action alleging that it violated the Telephone Consumer Protection Act (TCPA) by sending plaintiff and class members unsolicited text message (SMS) advertisements.
May 17, 2013
FCC Issues Declaratory Ruling on Actions of Third-Party Telemarketers
On May 9, 2013, the Federal Communications Commission (FCC) issued a Declaratory Ruling interpreting various provisions of the Telephone Consumer Protection Act (TCPA) to require that, while a seller of goods or services may not generally be considered the one who initiates a telemarketing call made through a third-party telemarketer within the meaning of the TPCA, such seller may nonetheless, in certain instances, be held vicariously liable under federal common law principles of agency for its third-party telemarketer’s actions.
May 13, 2013
Data Security & Privacy
Get Ready Because COPPA Is Coming
The Federal Trade Commission (FTC) announced that it will not be extending the enforcement date for the revised rule addressing the Children’s Online Privacy Protection Act (COPPA Rule). Specifically, by a unanimous vote, the Commissioners decided to retain the July 1, 2013 effective date for the revised COPPA Rule, noting that companies will have had more than six months to prepare.
May 20, 2013
PCI Issues E-Commerce Guidelines
The Payment Card Industry (PCI) Security Standards Council released new guidelines that serve as a supplement to the PCI Data Security Standard (PCI DSS). The PCI DSS E-Commerce Guidelines (Guidelines) are a reminder that merchants must comply with the PCI DSS requirements even when using ecommerce technology, such as online shopping websites that permit consumers to pay across the Internet.
May 1, 2013
Fashion & Entertainment
Fashion Counsel Episode 7: Visas & Visiting Executives
Arent Fox today released Episode 7 of Fashion Counsel with Anthony V. Lupo. This edition features partner Nancy Noonan whose practice focuses on the US’s immigration and nationality laws.
May 6, 2013
This month, we wanted to bring your attention to an interesting article. It is about a ruling recently made in the Southern District of New York, dealing with a class action suit against YouTube.
Class Is Out for YouTube: SD of NY Rules in Favor of YouTube in Its Class Action Defense
On May 15, 2013, the United States District Court for the Southern District of New York denied plaintiffs’ request for class certification in a landmark case, alleging that YouTube, Inc. and its parent company Google, Inc. (collectively, “YouTube”) were secondarily liable for the alleged copyright violations of those who have posted videos and music on the popular video-sharing website.
May 21, 2013