PayPal agreed to pay $175,000 and strengthen its privacy and security disclosures in a settlement agreement reached with the Texas Attorney General’s office (the “AG’s office”). The AG’s office claimed that PayPal failed to explain to users of its Venmo mobile money transfer app how users’ personal information would be used and shared.

PayPal acquired Venmo in December 2013.  The AG’s office had been investigating whether Venmo had violated the Texas Deceptive Trade Practices Act. The investigation stemmed from allegations into whether the app used consumers’ phone contacts without an explanation as to the purpose of the contacts or whether contacts would be shared. Based on the allegations, the AG’s office argued that users of the app may have unknowingly shared private information regarding payments publicly.

The settlement agreement specifically requires PayPal to cease accessing Venmo users’ contact lists absent prior disclosure of the type of information that will be accessed, the specific ways in which it will use the data, and how to use and disable certain features of the app which could compromise users’ privacy. The investigation marked the manner in which state and federal authorities are taking measures to assist their citizens from inadvertently compromising their data privacy as they avail themselves of apps meant to simplify consumer transactions.

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Photo of Rachel Kushel Rachel Kushel

Ms. Kushel counsels clients on all aspects of employment law and workplace human resource issues, including equal employment matters, investigations and hiring, discipline, termination, discrimination, leave and harassment issues. She litigates matters from inception to trial and through appeal in federal and state…

Ms. Kushel counsels clients on all aspects of employment law and workplace human resource issues, including equal employment matters, investigations and hiring, discipline, termination, discrimination, leave and harassment issues. She litigates matters from inception to trial and through appeal in federal and state courts. She has argued successfully on behalf of clients before the United States Court of Appeals for the Second Circuit, District Court of Connecticut and Connecticut state trial and appellate court.

Ms. Kushel represents clients in administrative agency matters before the Connecticut Commission on Human Rights and Opportunities, the Equal Employment Opportunity Commission, the Department of Labor and the Occupational Safety and Health Administration. Ms. Kushel also represents clients at private and public arbitration hearings, and regularly represents clients in alternative dispute resolution and mediation sessions with federal, state and private mediators.

Ms. Kushel negotiates and drafts collective bargaining agreements, litigates unfair labor practice charges and other matters under the National Labor Relations Act, and advises clients on management rights and strategy.

Ms. Kushel regularly negotiates and drafts employment and separation agreements on behalf of clients, in addition to reviewing and revising employee handbooks and personnel policies. She conducts training sessions on workplace employment issues, including sexual harassment, workplace civility and avoiding discrimination claims.

Ms. Kushel also has experience with higher education matters and constitutional claims.