Tag Archives: Florida

Privacy Tip #106 – Online Romance Scams

I haven’t been in the dating scene for decades but I know it sure has changed. Millions of people participate in online dating, and I even know several couples who have found their significant other using online dating platforms. That’s the good news. The bad news is that the Internet is used for bad intentions, … Continue Reading

Unencrypted Backup Drive of 531 EEG Patients Lost

Baptist Medical Center South, located in Jacksonville, Florida has admitted that one of its backup drives has been missing since May 18, 2017. The unencrypted backup drive contained the protected health information of 531 patients who underwent an EEG at the facility between 2015 and 2017. It has not been recovered to date. The backup … Continue Reading

A&B Insurance Settles TCPA Class Action for $4.25 Million

Last week, A&B Insurance and Financial LLC (A&B Insurance) agreed to pay $4.25 million to settle claims that it violated the Telephone Consumer Protection Act (TCPA) by initiating telephone calls to consumers without prior express consent, as required by the TCPA, including some calls to consumers on the federal Do Not Call Registry. Lead plaintiffs, … Continue Reading

TCPA Class Action Tossed out After Hospital Provides Records Indicating Consent

Central Florida Regional Hospital (the Hospital) was released from a proposed class action last week for its alleged violations of the Telephone Consumer Protection Act (TCPA). The Hospital’s debt collector, Transworld Systems, allegedly made autodialed calls to collect overdue hospital debts without prior patient consent. Lead plaintiff, Charles Ivy, former emergency room patient at the … Continue Reading

Class Action Initiated Against Telehealth Provider for Disclosure of Sensitive Information

A class action was filed in Fort Lauderdale, Florida this week against a national telehealth provider, MDLive Inc. (MDLive) for its mobile app’s alleged secret capture of screenshots containing sensitive patient information without restricting access to medical providers who have a legitimate need to view the information. The lawsuit was filed by Utah resident, Joan … Continue Reading

Florida Supreme Court Rejects PSQIA Preemption of Florida Constitution

On January 31, 2017, the Florida Supreme Court held that adverse medical incident reports produced in accordance with Florida law cannot constitute confidential and privileged patient safety work product (PSWP) under the federal Patient Safety & Quality Improvement Act of 2005 (PSQIA). In Jean Charles, Jr. et al. v. Southern Baptist Hospital of Florida, Inc. … Continue Reading

UPS Tests Drones for Autonomous Package Delivery

On February 20, 2017, UPS and Workhorse Group, an Ohio-based battery-electric truck and drone developer, successfully conducted a test that launched a drone from the top of a UPS truck, which then autonomously delivered a package to a home in Lithia, Florida, and returned to the vehicle –as the UPS truck driver continued along his … Continue Reading

FTC and Ten States Settle with Caribbean Cruise Lines for Robocall Accusations

This week, the Federal Trade Commission (FTC) and ten states settled charges against the Florida-based cruise line, Caribbean Cruise Line, Inc. (CCL), for an illegal telemarking campaign that inundated consumers with billions of unwanted robocalls. In settling these charges, CCL’s owner, Fred Accuardi, and all of his companies are barred from robocalling and illegal telemarketing. … Continue Reading

Orlando Issues New Drone Ordinance to ‘Balance the Need to Protect the Privacy of its Citizens’

The city of Orlando, Florida recently issued a new drone ordinance aiming to “promote hobbyists and commercial use of unmanned aircraft” while “balancing the paramount need to protect the well-being, tranquility and privacy of its citizens.” The ordinance restricts the use of drones (i.e., the launch, landing or operation) at or near city property: 500 … Continue Reading

AUVSI Remote Pilots Council Announced

The Association for Unmanned Vehicle Systems International (AUVSI) has announced the formation of a Remote Pilots Council which aims to promote education and dialog between commercial unmanned aircraft systems (UAS or drones), operators, industry stakeholders and the Federal Aviation Administration (FAA). The council will discuss opportunities and challenges related to the safe and responsible use … Continue Reading

American Eagle Settles TCPA Class Action for $14.5 Million

American Eagle Outfitters (American Eagle) settled a class action filed against it for alleged Telephone Consumer Protection Act (TCPA) violations for $14.5 million last week. The class action complaint alleged that American Eagle send unsolicited text message messages to over 600,000 unique cell phone numbers without prior written consent as required by the TCPA. The … Continue Reading

Inbound Call Experts to Pay $10 Million for Consumer Redress

Florida-based tech support scheme, Inbound Call Expert, doing business as Advanced Tech Support, will pay $10 million for consumer redress in accordance with the Federal Trade Commission’s (FTC) final order. The FTC, and the State of Florida, charged Inbound Call Expert with deceiving thousands of consumers by using high-pressure sales pitches to telemarket tech support … Continue Reading

Top Ten Education Developments, Breaches, and Settlements of 2016

This year has been a busy year for education law in the area of data privacy. Educational institutions continue to be a rich target for hackers. Additionally, there were some important developments in the interpretation of Family Educational Rights and Privacy Act (FERPA) and the Telephone Consumer Protection Act (TCPA) as it applies to educational … Continue Reading

16 Data Breach Class Action Lawsuits Filed Against 21st Century Oncology Consolidated

We previously reported that 21st Century Oncology suffered a data breach in October 2015 involving an intrusion into its systems which compromised around 2 million patients’ records, including their names, Social Security numbers, physicians’ names, insurance information, treatment information and diagnoses [view related posts here and here]. As a result of the data breach, sixteen … Continue Reading

Court Declines to Dismiss Jason Pierre-Paul’s Suit against ESPN and Adam Schefter

The lawsuit filed by New York Giants defensive end Jason Pierre-Paul against ESPN and ESPN reporter Adam Schefter for invasion of privacy has survived its first challenge from ESPN. We wrote about Pierre-Paul’s lawsuit, which arose from a tweet by Schefter which contained a photo of Pierre-Paul’s medical records, here. ESPN filed a motion to … Continue Reading

Florida Court Holds Budget Request Forms and Activity and Service Fee Records Not “Educational Records”

On August 11, 2016, a Florida state court judge held that the University of Central Florida Board of Trustees (UCF) must produce budget request forms and activity and service fee database records to Knight News, Inc. (KNI) in response to KNI’s public records request. The records indicate the amount of money paid to each student … Continue Reading

Pokemon App Developer Sued for Failed Privacy Protections

This article co-authored with guest blogger Leonel Gonzalez, a R+C summer associate and student at Roger Williams University School of Law Niantic Inc. (Niantic), developer of the mobile game “Pokemon GO,” was sued in Florida court on July 27, 2016. The named plaintiff, David Beckman filed the complaint against Niantic claiming the game’s terms of service and … Continue Reading

Controversy looms over ECPA amendment in wake of Orlando terrorist attack

After the terrorist attack in Orlando, Florida, early this month, the Electronic Communications Privacy Act (ECPA) has been discussed quite a bit. The ECPA, a law which took effect in 1986, limits the government’s access to electronic communications and other information. Due to the advancement in technology over the past 30 years, Congress finds itself … Continue Reading

Telemedicine nursing licensure compact legislation enacted in 6 states and 7 more right behind

In another case of technology out pacing the law, telemedicine has continued to push the limits of state medical professional licensure laws. Generally, physicians and nurses must be licensed in the state in which they are practicing; and yet technology has become so sophisticated that telemedicine is allowing those medical providers to provide access to … Continue Reading

Class action suit filed against 21st Century Oncology for data breach

We previously reported [view related post] that 21st Century Oncology had suffered a data breach and notified 2.2 million patients that it had been the victim of a hacking that exposed the names, Social Security numbers, physicians’ names, diagnosis information, and insurance information of its patients. Although the intrusion occurred in October 2015, 21st Century … Continue Reading
LexBlog