- Posts by William "Bill" M. ButlerAssociate
Bill has extensive experience representing business owners, directors, officers, and shareholders in corporate governance disputes, including derivative suits relating to malfeasance and self-dealing; claims by business ...
Invites to free webinars are not unsolicited advertisements, says Maryland federal court
The Telephone Consumer Protection Act (TCPA) prohibits sending an “unsolicited advertisement” to a fax machine, absent certain conditions. An “unsolicited advertisement” is “any material advertising the commercial availability or quality of any property, goods, or services which is transmitted to any person” without prior permission.
On its face, the TCPA’s definition seemingly would not include invitations to free seminars or webinars. However, in 2006 the Federal ...
California federal court rejects plaintiff’s attempt to circumvent Facebook
In April 2021, the Supreme Court dealt a massive blow to Telephone Consumer Protection Act claims based on automatic telephone dialing systems restrictions in its Facebook, Inc. v. Duguid ruling. You can read more about the Facebook decision here. In short, Facebook significantly narrowed the definition of “automatic telephone dialing systems,” thereby eliminating TCPA liability for voice calls—or text messages—produced by those systems. Facebook, however, did not limit liability for calls that used a prerecorded or artificial voice. But because text messages do not use prerecorded or artificial voices, Facebook was considered to largely (but not completely) wipe out TCPA liability for text messages.
Last month, the Supreme Court resolved a long-standing circuit split over the definition of an “automatic telephone dialing system” (ATDS) under the Telephone Consumer Protection Act (TCPA). The highly-anticipated decision in Facebook v. Duguid narrowed the type of equipment that constitutes an ATDS, and therefore drastically limited the scope of “automated” calls and texts that violate the TCPA.
Businesses are facing this system hack with ever-increasing frequency: An accounts payable employee receives new or updated payment instructions from a vendor via email. The email appears to be from a familiar counterpart at the vendor; it contains accurate details specific to a current transaction; the new bank is well known; and the new instructions have the vendor’s name, or a version of it, as the beneficiary.
Tuesday, September 4, 2018 marked the New York State Department for Financial Service’s deadline for compliance with several sections of cybersecurity regulation 23 NYCRR 500 (the “Regulation”). The Regulation covers any organization that operates (or is required to operate) under a license, registration, charter, certificate, permit, accreditation, or similar authorization under the Banking Law (Title 3 of the NYCRR), the Insurance Law (Title 11 of the NYCRR), or the Financial Services Law (Title 23 or the NYCRR) (a “Covered Entity”). This is the third compliance ...
By Bill Butler
Recently, the D.C. Circuit Court of Appeals ruled in Attias v. CareFirst, Inc., No. 16-7108, that customers had standing to sue a health insurer for a 2014 data breach in which the customers’ information was stolen. In reversing the district court’s dismissal of the class action, the D.C. Circuit held that the customers’ allegations that the hackers accessed and took their Social Security numbers, credit card numbers, and health insurance subscriber ID numbers were each independently sufficient to show actual or imminent injury. The customers’ complaint ...
By Bill Butler
In August 2016, the Federal Trade Commission (“FTC”) addressed the effect of the Cybersecurity Framework (“NIST Framework”) issued by the National Institute of Standards and Technology on FTC enforcement actions under Section 5 of the FTC Act. While there have been few enforcement actions to gauge the actual impact of the NIST Framework, the FTC’s recent public comment on the National Telecommunications and Information Administration’s (“NTIA”) proposed “coordinated vulnerability disclosure” template (“Template”) further ...
About Data Points: Privacy & Data Security Blog
The technology and regulatory landscape is rapidly changing, thus impacting the manner in which companies across all industries operate, specifically in the ways they collect, use and secure confidential data. We provide transparent and cutting-edge insight on critical issues and dynamics. Our team informs business decision-makers about the information they must protect, and what to do if/when security is breached.
Data Points: Privacy & Data Security Blog Updates
- The Consumer Financial Protection Bureau Stakes Out Its Enforcement Authority Over Unfair Information Security Practices
- Maryland Amendments to Data Security and Breach Notification Law
- The Devil Really is in the Details: The SEC Proposed Rule on Cybersecurity Risk Management for Investment Advisors, Registered Investment Companies and BDCs
- Will the U.S. Finally Pass Comprehensive Data Privacy Legislation?