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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 institutions.

  • In December, DeVry University Settled with the FTC for $100 million over allegations that it misled prospective students with ads that promised higher employment success and income upon graduation.
  • Also in December, UMass Amherst settled with the Office for Civil Rights (OCR) for $650,000 for HIPAA violations related to a malware infection that led to the release of names, addresses, Social Security numbers, dates of birth, health insurance information, diagnoses, and procedure codes.
  • In November, a hacker gained access to 1,213 records of applicants to the University of Wisconsin Law School.
  • On September 14, 2016, the Department of Education (DOE) issued a “Dear Colleague Letter” providing guidance on the application of FERPA to the disclosure of student medical records in the context of litigation.

Continue Reading Top Ten Education Developments, Breaches, and Settlements of 2016

Earlier this month, a Louisiana federal judge granted final approval of a $9.25 million settlement between Advanced Care Scripts Inc. (Advanced Care) and a class of plaintiffs—led by Jefferson Radiation Oncology LLC (Jefferson Radiation), a Louisiana-based treatment facility. Plaintiffs alleged that Advanced Care sent fax advertisements that violated the Telephone Consumer Protection Act (TCPA), by…

Last week, an Illinois federal judge approved a $49.9 million settlement between US Coachways, a national charter bus and bus rental company, and a class of plaintiffs, represented by lead plaintiff James Bull for Telephone Consumer Protection Act (TCPA) violations. The class action alleged that US Coachways sent a “staggering” amount of text messages to…

Caribbean Cruise Line Inc., The Berkley Group Inc., and Vacation Ownership Marketing Tours, Inc. settled a Telephone Consumer Protection Act (TCPA) class action last week for up to $76 million (and not less than $56 million). The three were sued for violating the TCPA by robocalling millions of individuals with offers for free trips. The…

In July we wrote about the exemption for robocalls made by the federal government (or its contractors) from the restrictions of the Telephone Consumer Protection Act (TCPA). Now, the Federal Communications Commission (FCC) added another caveat to the TCPA, advising that while federally backed debt collection calls to consumers at risk of delinquency are exempt…

On August 4, 2016, the Federal Communications Commission (FCC) issued a ruling applicable to schools and utilities regarding the application of the Telephone Consumer Protection Act (TCPA) to robocalls and text messages to wireless numbers in emergencies.

The FCC ruling states that schools can make robocalls and sent automated texts to wireless phones without consent…

Caribou Coffee Co. Inc. (Caribou Coffee) was hit with a class action this week in Wisconsin. which alleges that the company violated the Telephone Consumer Protection Act (TCPA) when it sent unsolicited text messages to thousands of individuals who never consented to receive those text messages. Lead plaintiff, Kristie Farnham, alleges that she received over…

On April 25, 2016, Facebook Inc. (Facebook) pled with a California federal judge, asking that the court dismiss the claims filed against the social media giant for its alleged Telephone Consumer Protection Act (TCPA) violations. We wrote about this class action when it first surfaced back in February, and now Facebook hopes that the court…

Portfolio Recovery Associates LLC (Portfolio Recovery) agreed to pay $18 million to end multi-district litigation against the debt collection company for its alleged violations of the Telephone Consumer Protection Act (TCPA). The claims against Portfolio Recovery alleged that the company made autodialed telephone calls to consumers without their consent. All consumers who received an autodialed…