criminal penalties

Electronic Communications Privacy Act (ECPA)

The Electronic Communications Privacy Act (ECPA) is a federal law enacted in the mid-1980s just as cell phones, the internet, and other digital technologies were becoming prevalent throughout the United States. Many Americans began to use email, prompting lawmakers to put stringent privacy protections in place for those types of communications. Today, data privacy concerns remain a major concern in industries where customer records shared online typically involve sensitive material, including the financial and healthcare industries.

What Is the Federal Wiretap Act?

The explosion of e-commerce websites, internet marketing, and AI technology has raised serious concerns about the privacy of consumers online. Increasingly, courts in California and elsewhere are relying on the Federal Wiretap Act to ensure that consumers’ sensitive personal information remains confidential. What is the Federal Wiretap Act? The federal data privacy law broadly protects consumer data by placing clear limits on how the government and private businesses can go about collecting information about website visitors.

Did Rack Room Shoes Violate Federal Wiretap Law?

A federal court in California recently issued a key ruling in an important, potentially precedent-setting case, and court observers and legal experts are now asking: Did Rack Room Shoes violate federal wiretap law? The pre-trial ruling, issued by the U.S. District Court for the California Northern District, might have implications for the future of consumer privacy laws nationwide. The case, Smith v.

Trap and Trace Class Action Against HoMedics

A federal court in California recently ruled on a trap and trace class action against HoMedics and FKA Distributing Co. – and the ruling was fantastic news for the consumer protection attorneys at Tauler Smith LLP. The plaintiff in the case is a California resident who visited the HoMedics website. According to the legal complaint, the website utilized TikTok software to unlawfully collect personal information from the plaintiff and other consumers who visited the site.

Judge Denies Motion to Dismiss Class Action Against C2 Education

Tauler Smith LLP recently filed a trap and trace lawsuit against C2 Education for violating the California Invasion of Privacy Act (CIPA), and now a federal court has ruled: a judge denied the motion to dismiss the class action against C2 Education. The complaint alleges that the leading provider of tutoring services nationwide has unlawfully installed “trap and trace” software on its website and allowed the social media app TikTok to collect private data from site visitors.

FTC Rule Proposal on Automatic Renewals

The Federal Trade Commission (FTC) may soon pass new rules that strengthen federal protections for consumers who purchase products or services that are automatically renewed. The FTC rule proposal on automatic renewals would impose strict requirements on companies that offer automatic renewal subscriptions, or negative options, to consumers. Federal statutes and rules typically refer to automatic renewals as “negative options” because the absence of any affirmative action by the customer is enough to justify the auto-renewal.

CIPA Lawsuit Against Nationwide Mutual Insurance

A CIPA lawsuit was recently filed against Nationwide Mutual Insurance for illegal wiretapping and invasion of privacy, and now a federal judge in California has ruled that the case can proceed to trial. The U.S. District Court judge issued the ruling in response to a motion to dismiss the wiretapping claims under Section 631 of CIPA, or the California Invasion of Privacy Act.

California Invasion of Privacy Act & Website Wiretapping

It is important for consumers who interact with businesses online to have a solid understanding of the California Invasion of Privacy Act (CIPA) and website wiretapping. When you have a conversation with someone on the phone or via the computer, there is usually a reasonable expectation that the conversation will remain between the two parties. But what happens when what you believed to be a private conversation was actually being wiretapped, surveilled, and/or recorded by the other party?

Tom Girardi Indicted for Embezzlement

Disgraced California lawyer Tom Girardi was indicted for embezzlement by a federal grand jury. The charges stem from allegations that Girardi engaged in highly unethical and illegal behavior, which included using private judges affiliated with the national arbitration company JAMS to steal millions of dollars from his clients. The U.S. Department of Justice (DOJ) announced the felony charges against Girardi after the grand jury formally indicted him. U.S.

Goodyear Tires Wiretapping Lawsuit to Proceed

In a highly anticipated ruling, a federal judge in California recently denied Goodyear’s motion to dismiss wiretapping claims based on their use of third-party chat applications hosted on their website. This ruling allows the Goodyear Tires wiretapping lawsuit to proceed. The complaint alleges that when users visit www.goodyear.com/ and use the website chat feature, they share personal data in communications that are unlawfully recorded and transcribed.