The Federal Communications Commission (“FCC”) has released a Public Notice seeking comments on the steps wireless phone carriers are taking to protect the privacy and data security of customer information that is stored on consumers’ mobile devices and on how existing laws apply to the carriers’ information practices. 
Section 222 of the Communications Act and the…

Judge Feess of the Central District of California recently rejected Carrier IQ’s attempt to litigate in federal court a class action concerning whether Carrier IQ’s software, installed on a wide range of smart phone devices from many different manufacturers running on various wireless networks, violated California law.  Judge Feess remanded the case to state court…

Last week, Rep. Blaine Luetkemeyer (R-MO) introduced legislation (H.R. 5817) to limit the obligations of certain financial institutions to provide an annual privacy notice to consumers.  Under the Gramm-Leach-Bliley Act (“GLBA”), financial institutions must provide customers an initial privacy notice and, for the duration of a customer relationship, an annual privacy notice that describes the…

Last week, the U.S. Supreme Court declined to hear an appeal of a Third Circuit Court of Appeals decision that put an end to a proposed class action lawsuit stemming from a data breach.  The suit, Reilly v. Ceridian Corp., was brought by two individuals who were among approximately 27,000 employees at 1,900 companies whose personal and financial…

Yesterday, the Payment Card Industry Council issued guidance for merchants using smartphones or tablets to accept payments from customers.  The guidance follows up on the PCI Council Chairman’s pledge in February, as reported in this blog, to make mobile payments a top priority.  Payment card readers that can be attached to a smartphone or…

Last week, the Office of the Privacy Commissioner in Canada (OPC) issued important guidance under Canada’s national privacy law, the Personal Information Protection and Electronic Documents Act (PIPEDA).  The guidance highlights various scenarios in which PIPEDA applies based on judicial opinions and previous OPC interpretations.  In general, PIPEDA applies to the personal information that an…

Last week, the ABA’s Commission on Ethics 20/20 recommended a series of changes to the Association’s Model Rules of Professional Conduct that are intended to bring the Rules more in line with the realities of law practice in the 21st Century.  The recommendations are the result of the Commission’s three-year study that revealed two overarching…