CommLaw Monitor

News and analysis from Kelley Drye’s communications practice group

Update: California Supreme Court Agrees to Review Issue of Whether Collecting Customer Zip Codes and Reverse Data Mining for Additional Customer Information Violates California's Song-Beverly Credit Card Act

If you or your company collect zip codes in California as part of a loyalty program or otherwise, and reverse data mine for additional customer information, you should be aware that the California Supreme Court…

Recent Decisions Find In Favor of Insurance Coverage for "Blast Faxes"

Numerous class action suits have been brought over the past several years under the Telephone Consumer Protection Act (“TCPA”) against entities that fax unsolicited advertisements (so-called “blast faxes”) to…

Insights From Kelley Drye's 2nd Annual Privacy Law Seminar

On November 17, 2009, Kelley Drye & Warren hosted a seminar and webcast, “Privacy Law Paradigm Shift: Policymakers Respond to Rapidly Evolving Technologies,” addressing new developments in privacy and information…

FTC Red Flag Rule Effective Date Set for November 1

The enforcement date for the FTC "Red Flag Rule" to prevent identity theft has been extended until November 1, 2009 in order to give businesses more time to understand the rule and take steps to comply. The rule…

Identity Theft Litigation Update: Recent Cases Show Trend Toward Dismissal of Speculative Claims

Several weeks ago, we discussed how most courts were rejecting lawsuits where the plaintiffs claimed “damages” in the form of an increased risk of identity theft, generally stemming from allegations of an accidental…