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.
Today the Supreme Court issued an order staying the OSHA Emergency Temporary Standard (ETS) that would have required all employers with 100 or more employees to enforce Covid-19 vaccination or testing requirements.
On September 9, 2021, the Biden Administration issued a variety of measures designed to promote COVID-19 safeguards and decrease the spread of the COVID-19 virus. Such measures included two Executive Orders and President Biden’s COVID-19 Action Plan, all three of which greatly impact employers of varying sizes and industries.
The legal issues surrounding COVID-19 vaccines and mandates on employees are not unique to the United States. Karin McGinnis, Co-head of Moore & Van Allen's Data Privacy Team and member of Employment & Labor and Litigation Teams, recently collaborated with 11 esteemed colleagues from Globalaw™ in creating an article examining the law on COVID-19 vaccines in the workplace across five continents.
You can find the article here.
For questions and specific guidance regarding workplace vaccination regulations, contact Karin at the below link.
Resolving a split in lower courts, the U.S. Supreme Court issued a ruling in June limiting the type of conduct that can be prosecuted under the federal Computer Fraud and Abuse Act of 1986 (CFAA), a statute often used by U.S. Attorneys to prosecute hackers. In a 6-3 decision, SCOTUS ruled in Van Buren v. United States that Section 1030(a)(2) of the CFAA does not impose liability on individuals who use a computer to alter or obtain information they otherwise are entitled to obtain, even when they access the information for a prohibited purpose. In so ruling, SCOTUS limited a powerful federal ...
Colorado is now the third state in the U.S. to pass comprehensive privacy legislation, following in the footsteps of California and Virginia. The Colorado Privacy Act (the “CPA”), passed by the state’s General Assembly as SB 190, is currently awaiting signature by Governor Jared Polis. If signed, the CPA will become effective July 1, 2023.
The CPA includes a mix of concepts similar to those found in other comprehensive privacy legislation passed in the U.S. (e.g., the California Consumer Privacy Act (the “CCPA”) and Virginia’s Consumer Data Protection Act (the ...
The U.S. Equal Employment Opportunity Commission (EEOC) on May 28, 2021 issued updated guidance on vaccinations. The relevant excerpts are attached and the full EEOC guidance is here https://www.eeoc.gov/wysk/what-you-should-know-about-covid-19-and-ada-rehabilitation-act-and-other-eeo-laws
- During the pandemic, employers can mandate that employees receive the COVID 19, subject to exceptions such as required accommodations for persons with disabilities (see K5);
- Employers can require employees to provide the employer documentation showing that ...
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.
The Employee Benefits Security Administration of the United States Department of Labor (“EBSA”) recently published guidance regarding cybersecurity best practices for recordkeepers and service providers responsible for plan related information technology systems and data for ERISA-covered plans, including 401k and other pension plans.
The EBSA counseled that a plan’s service providers should implement the following practices:
- Have a formal, well documented cybersecurity program.
- Conduct prudent annual risk assessments.
- Have a reliable annual third-party ...
Virginia’s Consumer Data Protection Act makes it the second state to pass a comprehensive data privacy law.
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?