Financial Data Aggregator Faces Consumer Privacy Suit over “Surreptitious” Collection of Banking Information

New Media and Technology Law

The crux of the suit is that Yodlee collects and then sells access to such anonymized financial data without meaningful notice to consumers, and stores or transmits such data without adequate security, all in violation of California and federal privacy laws.

Protecting Consumers

Media Law Prof Blog

From the FCC The FCC has issued a Notice of Inquiry on whether there are additional opportunities to protect and empower American consumers by ensuring sufficient access to relevant information about communications services. As communications technologies and services become more

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New Consumer Complaint Government Database Launches

Media Law Prof Blog

From MSNBC.com's Red Tape Chronicles, a story about a new website from the Consumer Protection Financial Bureau. The website, the Consumer Complaint Database, allows consumers to report their unhappiness with credit card companies. The CPFB verifies whether there is a

Estate Map Returns, in a Consumer-Facing Beta

Media Law

In its place, he said then, he planned to launch a new site, to be marketed directly to consumers, […]. The post Estate Map Returns, in a Consumer-Facing Beta appeared first on Robert Ambrogi's LawSites. Remember Estate Map? It launched just over a year ago as a cloud-based tool for estate planning lawyers and their clients. Then, last April, its founder, Minneapolis lawyer Joseph Henderson, announced he was closing it down.

@SenThomTillis: Fix the Internet Archive Price Gouging in COVID Consumer Protection Legislation

Music Technology Policy

Senator Thom Tillis is hot on the trail of the Internet Archive’s “National Emergency Library” scam that we have been writing about for weeks. Senator Tillis sent a Tillis-gram letter to Brewster Kahle in the Senator’s role as Chair of the Senate Judiciary Committee Subcommittee on Intellectual Property. Fortunately, COVID related price gouging legislation has been introduced in Congress that could help Senator Tillis solve the problem he has identified so succinctly.

Consumers and Their Cell Phones

Media Law Prof Blog

The Obama Administration is taking up the cause of cellphone customers who want to keep their cellphones after their contracts have run out. Some of these customers would like to "unlock" their phones and switch to another mobile phone provider

New Site Launches for Consumers to Bid on Legal Services

Media Law

The post New Site Launches for Consumers to Bid on Legal Services appeared first on Robert Ambrogi's LawSites. In the legal-startups category of “here today, gone tomorrow,” lawyer-bidding sites rank right at the top. Just last year, in a single post here, I wrote about the demise of one such site, Shpoonkle, which had launched in 2011 to much fanfare, and the debut of another such site, Lawtendr. A year later, Lawtendr too […].

Google Meltdown Continues With Missouri Attorney General’s Consumer Protection Subpoenas

Music Technology Policy

One of Google’s worst policy nightmares is that state attorneys general will wake up to their obligation under state laws to protect both consumers and advertisers from Google’s overreach. These state laws include consumer protection statutes and unfair competition or state antitrust rules that are not overriden (or “preempted”) by simultaneous federal jurisdiction.

FCC Enforcement Coming over Alleged Privacy Violations for Disclosure of Consumers’ Geolocation Data

New Media and Technology Law

On January 31st, FCC Chairman Ajit Pai transmitted a letter in response to a prior inquiry from a number of House members regarding the status of the Commission’s investigation into reports that the major wireless carriers were allegedly disclosing consumers’ real time geolocation data to data aggregators.

Pew Grant Will Take ‘Learned Hands’ Project from Prototype to Production, to Help ID Consumers’ Legal Issues

Media Law

The goal was to use artificial intelligence to help legal services providers better match a consumer to the appropriate attorney or legal resource. Colarusso outlined four potential use cases: In portals and court service centers, where a consumer could come to the site, ask a question in plain English, and be directed to the appropriate resource. For ask-a-lawyer or limited-scope representation projects, to ensure that consumer inquiries and messages get routed to the right lawyer.

LawyerCams.com Uses Google Hangouts to Help Consumers Find Lawyers

Media Law

Last year, I wrote here about LawZam, a website (and, later, an iPhone app) that aims to connect consumers with attorneys by facilitating free, face-t0-face consultations via live videoconferencing. Now there is another site that does something similar, only this one uses Google Hangouts for lawyers and clients to meet by video. This new site, LawyerCams.com, is [.]. General video

Estate Map Returns, in a Consumer-Facing Beta

Media Law

In its place, he said then, he planned to launch a new site, to be marketed directly to consumers, […]. The post Estate Map Returns, in a Consumer-Facing Beta appeared first on Robert Ambrogi's LawSites. Remember Estate Map? It launched just over a year ago as a cloud-based tool for estate planning lawyers and their clients. Then, last April, its founder, Minneapolis lawyer Joseph Henderson, announced he was closing it down.

FCC Chair's Statement On Broadband Consumers and Internet Congestion

Media Law Prof Blog

From the FCC news release: “For some time now we have been talking about protecting Internet consumers. At the heart of this is whether Internet Service Providers (ISPs) that provide connectivity in the final mile to the home can advantage

ISP 46

Johnny Football vs Juanito Futbal Trademark Likelihood of Consumer Confusion

Current Trends

We’ll focus on the two big ones: 1) the mark is not functioning as a trademark; and 2) likelihood of consumer confusion with trademark applications for JUANITO FUTBAL and JOHNNY BASKETBALL and JOHNNY BASEBALL. 2) There is a likelihood of consumer confusion with trademark applications for JUANITO FUTBAL, JOHNNY BASKETBALL and JOHNNY BASEBALL – Trademark applications are pending for JUANITO FUTBAL, JOHNNY BASKETBALL and JOHNNY BASEBALL. .

Personal Email Management Service Settles FTC Charges over Allegedly Deceptive Statements to Consumers over Its Access and Use of Subscribers’ Email Accounts

New Media and Technology Law

Unrollme”), a free personal email management service that offers to assist consumers in managing the flood of subscription emails in their inboxes. The FTC alleged that Unrollme made certain deceptive statements to consumers, who may have had privacy concerns, to persuade them to grant the company access to their email accounts. ( This week, the FTC entered into a proposed settlement with Unrollme Inc.

FCC Chair Proposes Action To Address Consumer Complaints On Robocalls, Marketing Calls

Media Law Prof Blog

FCC Chair Tom Wheeler is proposing new ways to protect consumers against unwanted phone calls, including robocalls and sales messages. In a proposal he began circulating today, Mr. Wheeler listed a number of actions which would allow consumers to protect

FCC Sets Up Re-Scan Help Desk for Consumers Dealing With TV Repacking

Broadcast Law Blog

The FCC yesterday announced that it is setting up a consumer help desk , where operators will be standing by to answer questions about rescanning the TV spectrum to find TV stations that have changed channels due to the repacking of the TV band. The help desk will be available to answer consumer questions 7 days a week, from 8 AM to 1 AM Eastern Time.

Taxes On Consumer Electronics and Telecommunications

Media Law Prof Blog

Thierer and Berin Michael Szoka, the Progress & Freedom Foundation, have published The Wrong Way to Reinvent Media, Part 1: Taxes on Consumer Electronics, Mobile Phones & Broadband, in volume 17 of the Progress & Freedom Foundation on Adam D.

Lichtman and Nyblade on Filtering Films: An Empirical Study of What Consumers Would Mute and Excise from Hollywood Fare If Only They Could @UCLA_Law

Media Law Prof Blog

Douglas Lichtman and Benjaman Nyblade, both of UCLA School of Law, have published Filtering Films: An Empirical Study of What Consumers Would Mute and Excise from Hollywood Fare if Only They Could.

Get FUBAR Wit It: Über and Lyft Deny Massive Violations of Campaign and Consumer Protection Laws

Music Technology Policy

It was so bad, Über have been hit with a class action lawsuit in federal court asserting violations of the federal Telephone Consumer Protection Act, not to mention spamming laws. It was only a matter of time. Über and Lyft started their conversation with the people of Austin with a threat–do what we want or we’ll leave. Personally, my reaction to that kind of brinksmanship is almost always one response: Can I get that in writing? This is not negotiation.

'NBA 2K' Tattoos a "Ploy" to Draw Consumers In, Not Fair Use, Filing Argues

THR, Esq. Entertainment & Media Law Blog

read more. THR, Esq. Tech Tech THR Online

Thoughtful Presentations of Terms of Use Crucial for Enforceability

New Media and Technology Law

Companies should take another look at their consumer registration or sign-in screens to remove any potentially extraneous hyperlinks and ensure the color scheme reinforces the conspicuous presentation of the call-to-action language and terms.

Law Firm Wilson Sonsini Launches Subsidiary to Develop Consumer-Facing Tech Products

Media Law

SixFifty’s first product, targeted for the spring, will be SixFifty Privacy, a tool for businesses to to assess and plan their compliance with California’s Consumer Privacy Act (CCPA). The law firm Wilson Sonsini today announced the launch of SixFifty , a software subsidiary that will develop automated tools designed to make legal processes more efficient and affordable for individuals, small businesses and emerging companies.

FCC Sets Up Re-Scan Help Desk for Consumers Dealing With TV Repacking

Broadcast Law Blog

The FCC yesterday announced that it is setting up a consumer help desk , where operators will be standing by to answer questions about rescanning the TV spectrum to find TV stations that have changed channels due to the repacking of the TV band. The help desk will be available to answer consumer questions 7 days a week, from 8 AM to 1 AM Eastern Time.

Judge Wingate to Rule on Whether Federal Government Protects Google or States Protect Consumers

Music Technology Policy

“The only thing that would be chilled would be the attorney general’s ability to enforce the consumer protection laws,” Miracle said… Miracle said that Neiman’s discussion of the movie industry was a “real red herring” and said Hood was only working with crime victims.

Over the Counter but Under the Radar: Direct-to-Consumer Genetic Tests and FDA Regulation of Medical Devices

JetLawBlog

Look for Over the Counter but Under the Radar: Direct-to-Consumer Genetic Tests and FDA Regulation of Medical Devices in the Spring 2009 issue (Vol. They typically do not require a prescription or any other involvement from a consumer’s health care provider.

Balancing Commercial Speech and Consumers' Right To Know

Media Law Prof Blog

Jessie Smith Nibley, University of Pennsylvania Law School, has published Commercial Freedom of Speech vs. Consumers' Right to Know: Milking the First Amendment for All It's Worth. Here is the abstract. The FDA's antagonism toward mandatory disclosure by food producers

Members of Congress Request FTC Investigation of Financial Data Company’s Collection and Privacy Practices

New Media and Technology Law

According to the letter, Yodlee is the largest consumer financial data aggregator in the United States. It aggregates financial information from banks, credit card companies and other financial services providers with consumer consent, and maintains a database of credit and debit card transactions of tens of millions of consumers. The letter asserts that Yodlee is used by over 1,200 companies to offer online personal finance tools to consumers.

Scardamaglia @abscard on Google, Online Search, and Consumer Confusion in Australia

Media Law Prof Blog

Amanda Scardamaglia, Swinburne University of Technology, has published Google, Online Search and Consumer Confusion in Australia at 42 International Journal of Law and Information Technology 203 (2016). Here is the abstract. The legality of the operation of Google’s search engine

Adler on Compelled Commercial Speech and the Consumer's "Right to Know"

Media Law Prof Blog

Adler, Case Western Reserve University School of Law and PERC (Property and Environment Research Center), is publishing Compelled Commercial Speech and the Consumer 'Right to Know' in the Arizona Law Review (2016). Jonathan H. Here is the abstract. Compelled commercial

Canadian Radio-Telecommunications Commission Reports That Canadian Consumers Have Lots of Complaints About TV Services

Media Law Prof Blog

The Canadian Radio-Telecommunications Commission reports that consumer complaints about tv services account for two-thirds of complaints about telecom services, although complaints overall are down compared to this time last year. Other complaints to the agency included concerns about phone services

Wal-Mart is Watching You (or at Least What You’re Wearing).

JetLawBlog

The alleged aim of using the new tags is to ensure the shelves are optimally stocked to cater to consumer preferences, as well as to help prevent theft. Still, pressure from consumer groups has apparently swayed Wal-Mart to approach with caution.

Self-Help Legal Sites No Match for Real Lawyer, Consumer Reports Says

Media Law

Self-help legal websites such as LegalZoom , Nolo and Rocket Lawyer are no match for a real lawyer, Consumer Reports concludes in an evaluation of the three sites published in its September issue. In some cases, the sites cut off options that should have been allowed; in others, they allowed consumers to add language that could create internal conflicts. Silber , an expert in consumer and commercial law at Hofstra and Yale.

Sprint Signs Consent Degree, and To Stop Calling Consumers On Do Not Call Lists

Media Law Prof Blog

Treasury for violating the FCC''s Do Not Call rules and for continuing to call and/or send texts to consumers who had specifically told the company they did not want any Sprint has agreed to pay $7.5 million to the U.S.

Avvo CEO Says New Legal Forms Offering Will Help Steer Self-Help Consumers to Lawyers

Media Law

The post Avvo CEO Says New Legal Forms Offering Will Help Steer Self-Help Consumers to Lawyers appeared first on Robert Ambrogi's LawSites. After reporting yesterday on Avvo’s launch of Avvo Legal Forms, I had an opportunity to speak today with the company’s CEO, Mark Britton, who is in Las Vegas, where he is attending Avvo’s annual Lawyernomics conference.

How Broadcasters Could Have Big Liability For Texts And Calls under The FCC’s Recent Order on The Telephone Consumer Protection Act (TCPA)

Broadcast Law Blog

The FCC recently issued a Declaratory Ruling and Order on the Telephone Consumer Protection Act (TCPA) – and that order highlights many issues with broadcasters who use texts or outbound automated calls to the mobile devices of viewers and listeners. The Order makes clear that these restrictions also apply to texts that originate with an online interaction with a website or app, and end up with a text being sent to a consumer.

Pandora and Sirius Side by Side And Does Sirius Mislead Consumers?

Music Technology Policy

The company charges consumers separately for music, probably so that users see the cost to Sirius of the music the users enjoy. Sirius no doubt would like consumers to think that this is a lot of money for music–it’s actually much more believable that the users will reach the opposite conclusion. And they clearly did not pass the savings on to the consumer. Expect income inequality to be a major theme in this fall’s elections, and fairness begins at home.

Dish Amends AutoHop Lawsuit, Calls Ad-Skipping 'Consumer's Option'

THR, Esq. Entertainment & Media Law Blog

In new legal papers, Dish no longer refers to its DVR technology as happening "automatically" read more. The Business THR, Esq. Television Tech Dish Network Business

FCC Proposes Revisions To Telephone Consumer Protection Act Regs

Media Law Prof Blog

Released by the FCC today: The FCC has proposed revisions to its rules under the Telephone Consumer Protection Act (TCPA) to further empower residential telephone subscribers to avoid unwanted telephone solicitations. The proposals would require sellers and telemarketers to obtain

Stuntwoman on Syfy's 'Face-Off' Sues After Being 'Consumed By a Fireball'

THR, Esq. Entertainment & Media Law Blog

Tamiko Brownlee alleges that she was severely burned over multiple parts of her body suffered participating on the show, which pitches special-effects makeup artists against each other. read more. The Business SyFy THR Online THR, Esq. Business Face Off

Switching Consumer Device to Ad-Supported Environment Is Not Deceptive under New York Law

New Media and Technology Law

If your company sells a smart device to a consumer, can it later turn the device into a paid advertising platform? 12, 2016), consumers who purchased a “Slingbox” claimed they bought the device solely to “sling” their cable television service from one place (their home) to another device located anywhere (e.g., The court also found that the consumers failed to allege “injury.” Is there evidence about whether consumers view the addition of ads as a benefit?

Browsewrap Agreement Held Unenforceable Against Consumer Due to Insufficient Notice

New Media and Technology Law

In a significant decision, the Ninth Circuit found that the presentation of a browsewrap agreement on a popular consumer e-commerce site provided insufficient notice of that site’s terms of use, and therefore were not enforceable against a user of the site. It should be noted that no link to the terms of use, nor reference to them, was presented to the consumer as part of the online transaction].

Canada's Privacy Commissioner Offers Advice For Marketers and Consumers On Complying With Anti-Spam Law

Media Law Prof Blog

Canada's Privacy Commissioner has weighed on the subject of the new Canadian anti-spam statute, CASL which came into effect on July 1, 2014. The Office has issued some guidelines, available here, for those who market online. Here are some guidelines