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No TCPA Vicarious Liability Without Ratification

The Ninth Circuit has ruled that payday lenders and two marketing companies were not liable under the Telephone Consumer Protection Act by virtue of working with a lead generator that utilized automated dialing equipment to disseminate text messages.Here, the lender had separate agreements with a marketing company (LeadPile) that purchased/sold

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FTC Approves Settlement with Lenovo over Advertising Software Privacy Allegations

The Federal Trade Commission recently announced that it has approved a settlement with Lenovo regarding the company's alleged, widely-publicized practice of pre-installing an advertising software program on some laptops that caused security vulnerabilities.The settlement terms include prohibitions regarding the misrepresentation of any features of pre-installed software that would "inject advertising

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FTC’s Data-Breach “Unfairness” Standard

 The FTC has showed no signs of slowing down when it comes to data breach investigations and enforcement actions. In doing so, the Commission utilizes concepts of “unfairness” and “deception.”Companies that tell consumers they will safeguard their personal information are forced to live up to those representations.To establish that a

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