Redbox and Robert Bork

Loyal readers of this blog may recall that we have written on two prior occasions about Redbox.  Well, here is a third. Read More ›

FTC Approves COPPA "Safe Harbor" Program

Earlier this week, the FTC approved the Integrity Children’s Privacy Compliance Program, designed by Aristotle International, Inc., as a “safe harbor” program for purposes of implementing the Children’s Online Privacy Protection Act of 1998 (“COPPA”).  Website operators that participate in a safe harbor program are generally subject to the review and disciplinary procedures of that program, rather than formal investigation or enforcement action by the FTC.  The Integrity Program marks the fifth safe harbor program approved by FTC under the COPPA rules and is the most recent development in an active period of agency review and implementation of COPPA. Read More ›

Police Surveillance - There's An App For That?

I’ll admit it.  I feel naked without my Blackberry.  Even going down to the food court in my building sans smartphone is enough to send a surge of stress hormones through my veins.  What if a client needs me while I’m in line for a burrito? Read More ›

Redbox Revisited: Just What Is An Electronic Transaction?

Loyal blog readers may recall my paean to Redbox back in September. In that earlier post, I described a putative class action filed in federal court in California. The suit alleges that Redbox collects zip codes from credit card purchasers in violation of California’s Beverly-Song Act. Read More ›

Zip Codes and Class Actions: A Blossoming Relationship.

The number of class actions against retailers who request customers' ZIP codes is growing. The potential liability of those retailers may be growing, as well. Read More ›

Is Best Buy Stalking You?

In 1989, 21-year old Rebecca Schaeffer had just starred in a rather unsuccessful CBS sitcom called My Sister Sam.  CBS canceled the show in 1988 due to exceptionally low ratings, but Ms. Schaeffer’s TV career was on the rise. Read More ›

The Scope of Available Damages in Identity Theft Cases (In the First Circuit, It's Broader Than You May Think)

Consider this scenario: You purchase items at a store with your credit card. Months later, you learn that the store's credit card processing systems have been hacked. Not seeing any unauthorized charges on your credit card statement, you breathe a temporary sigh of relief, but you go out and purchase identity theft insurance just in case the hackers try to use your information in the future -- and to protect against breaches at other retailers. Unhappy with the store's failure to stop the security breach, you sue the store to recover the money you spent purchasing identity theft insurance. Read More ›

*Like* - Child Privacy Class Action Lawsuit Against Facebook Dismissed by California State Court

Facebook users are well versed with the "like" button.

A friend posts a funny photo. *Like* 

A friend sets an interesting status. *Like* 

Two people are now friends. *Like* 

A user has enjoyed using a website or product. *Like* Read More ›

Punk’d – Toyota’s Stalker Ad Campaign Lawsuit Continues in California Courts

In 2008, Toyota Motors Sales, U.S.A., Inc. (“ Toyota”) was searching for a strategy to market the Toyota Matrix to men under 35 years old.  Enter Saatchi & Saatchi (“Saatchi”), a worldwide advertising firm with an idea: younger men love to “punk” (i.e., to play pranks on) each other.  This idea led to an elaborate marketing plan where individuals could sign up someone to be “punk’d” . . . Read More ›

Ode to Redbox

We interrupt this regularly scheduled legal blog for a paean to Redbox. . . .

I'll be the first to admit it:  I love Redbox.  There. I've said it.  In an age in which you can watch movies online through Netflix, Hulu or your cable company’s video on demand service, renting an actual DVD may seem outmoded.  Nevertheless, the idea that I can drive to my neighborhood 7-11 or CVS, plunk down a dollar and get a movie with my slurpee or prescription is just, well, great.  Read More ›