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Privacy Law Blog

Charley Lozada

Charley Lozada is an Associate in the Corporate Department of Proskauer Rose LLP's New York office and a member of the Privacy and Data Security practice group.

Posts by Charley Lozada

New Jersey bill to prohibit unsolicited text message advertisements pending Governor signature

Posted in Mobile Privacy, TCPA, Uncategorized

A New Jersey bill which prohibits unwanted text message advertisements has been sent to the Governor for final consideration.   A. 617, which passed unanimously in the Assembly June 26 and in the Senate Sept. 22, if signed into law, would make it illegal to send a text message advertisement to a New Jersey resident if it… Continue Reading

Article 29 Working Party Provides Guidance on Obtaining Valid Cookie Consent in the EU

Posted in European Union, International, Uncategorized

This past month, the European Union’s Article 29 Data Protection Working Party (the “Working Party”) issued the Working Document 02/2013 providing new guidance on obtaining consent for cookies (“Working Document”). The Working Document sets forth various mechanisms which can be utilized by websites to obtain consent for the use of cookies in compliance with all… Continue Reading

New California Law Impacts Use of Information from Minors, Offers Right to Delete

Posted in California, Legislation, Online Privacy

Law Targets Sites and Mobile Apps Directed to Minors, Offers “Online Eraser”      Likely to Have Nationwide Effect On July 1st of this year, new amendments to the Children’s Online Privacy Protection Act Rule (COPPA Rule) came into effect, with perhaps the most pronounced changes being the expansion of COPPA to apply to geolocation… Continue Reading

The SEC and CFTC Adopt Identity Theft Red Flag Rules

Posted in Identity Theft, Uncategorized

The Securities and Exchange Commission (the “SEC”) and Commodity Futures Trading Commission (the “CFTC”) recently adopted rules requiring entities subject to their respective enforcement authorities to adopt and implement programs to detect and respond to indicators of possible identity theft, as required by the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 (the… Continue Reading

Shine the Light a Little Brighter – Changes Resulting in Increased Customer Access Proposed to California’s “Shine the Light” Act

Posted in California, Data Privacy Laws, Online Privacy

California Assembly Member, Bonnie Lowenthal, recently introduced the “Right to Know Act of 2013″ (AB 1291), which would require any company that retains a  California resident’s personal information to provide a copy of that information to that person, free of charge, within 30 days of the request. The company would also have to disclose a… Continue Reading

FTC Fines First Mobile App Developer for COPPA Violation

Posted in Children's Online Privacy Protection Act, FTC Enforcement

On Monday, the Federal Trade Commission (FTC) announced that mobile application developer W3 Innovations, LLC (d/b/a Broken Thumbs Apps), has agreed to pay a fine of $50,000 in order to settle charges that it collected and disclosed personal information from children under the age of 13 without first notifying parents of information-collection policies or obtaining verifiable… Continue Reading

Seventh Circuit Affirms District Court Decision that “Electronically Printed” Receipts Under FACTA Does Not Include Receipts Emailed to Consumers

Posted in Financial Privacy

On August 10, 2010, the U.S. Court of Appeals for the Seventh Circuit upheld an earlier ruling by the Northern District of Illinois Eastern Division that email order confirmations are not “electronically printed” receipts under the Fair and Accurate Credit Transactions Act (“FACTA”) amendments to the Fair Credit Reporting Act. Shlahtichman v.1-800 Contacts Inc., Case… Continue Reading