The Federal Trade Commission (FTC) and the Los Angeles County District Attorney on July 9, 2024, announced a complaint and proposed stipulated order against NGL Labs, LLC, and two NGL co-founders concerning the “NGL: ask me...more
8/21/2024
/ Compliance ,
COPPA ,
False Advertising ,
Federal Bans ,
Federal Trade Commission (FTC) ,
FTC Act ,
Instant Messaging Apps ,
Minors ,
Mobile Apps ,
Online Platforms ,
Privacy Laws ,
ROSCA ,
Section 5 ,
Social Media
The chair of the U.S. Senate Committee on Commerce, Science, and Transportation, Maria Cantwell (D-WA), and the chair of the U.S. House Committee on Energy and Commerce, Cathy McMorris Rodgers (R-WA), released a discussion...more
4/22/2024
/ Algorithms ,
Artificial Intelligence ,
Biden Administration ,
Data Brokers ,
Data Privacy ,
Data Protection ,
Data Security ,
Enforcement ,
FTC Act ,
Legislative Agendas ,
Machine Learning ,
New Legislation ,
Preemption ,
Privacy Laws ,
Technology
The Federal Trade Commission (FTC) issued a supplemental notice of proposed rulemaking (SNPRM) on February 15, 2024, in which it recommended a trade regulation rule that would (1) impose liability on businesses who provide...more
2/28/2024
/ Artificial Intelligence ,
Data Security ,
Federal Trade Commission (FTC) ,
Foreign Trade Regulations ,
Machine Learning ,
NPRM ,
Privacy Laws ,
Regulatory Agenda ,
Regulatory Requirements ,
SNPRM ,
Technology Sector
On February 1, 2024, the Federal Trade Commission (FTC) announced a complaint and proposed consent order against Blackbaud, Inc. concerning a 2020 data security incident that included a ransomware demand and payment....more
The Federal Trade Commission (FTC) announced its first enforcement action alleging that discriminatory use of artificial intelligence (AI) was an unfair practice under Section 5 of the FTC Act on December 19, 2023. According...more
1/11/2024
/ Artificial Intelligence ,
Biometric Information ,
Biometric Information Privacy Act ,
Consent Order ,
Data Privacy ,
Data Protection ,
Data Security ,
Discrimination ,
Enforcement Actions ,
Facial Recognition Technology ,
Federal Trade Commission (FTC) ,
Pharmaceutical Industry ,
Privacy Laws ,
Rite Aid ,
Section 5 ,
Technology Sector
The Federal Trade Commission (FTC) gave privacy lawyers a long-awaited Christmas gift on December 20, 2023: its notice of proposed rulemaking (NPRM) to amend the Children’s Online Privacy Protection Act (COPPA) Rule. The NPRM...more
1/8/2024
/ Biometric Information ,
COPPA ,
Data Collection ,
Data Retention ,
Data Security ,
Disclosure Requirements ,
Federal Trade Commission (FTC) ,
Notice Requirements ,
NPRM ,
Online Safety for Children ,
Personal Information ,
Privacy Laws ,
Public Comment ,
Regulatory Agenda ,
Regulatory Reform ,
Technology
Just a few years ago, the legal landscape governing health-related personal information was relatively simple: Protected Health Information (PHI) was regulated under Health Insurance Portability and Accountability Act...more
Under an amendment to the Safeguards Rule under the Gramm-Leach-Bliley Act (GLBA) announced on October 27, 2023, the Federal Trade Commission (FTC) will require a broad range of nonbank financial institutions to notify the...more
A significant number of federal legislative proposals that focus on online child safety have been introduced. If enacted, they would modify online providers’ obligations to remove and report child sexual exploitation (CSE)...more
10/26/2023
/ Children's Online Games ,
Children's Products ,
Consumer Protection Act ,
COPPA ,
Data Collection ,
Data Protection ,
Data Protection Principles ,
Legislative Agendas ,
Online Platforms ,
Online Safety for Children ,
Personal Data ,
Privacy Laws ,
Regulatory Oversight ,
Regulatory Requirements ,
Reporting Requirements ,
Transparency
Following a related request for information (RFI) earlier this year, the Consumer Financial Protection Bureau (CFPB) announced on August 15, 2023, its intention to launch rulemaking targeting data brokers. This rulemaking...more
The U.S. Supreme Court ruled in two related cases, Axon Enterprise Inc. v. FTC (No. 21-86) and SEC v. Cochran (No. 21-1239), that federal district courts have jurisdiction to hear structural constitutional challenges to the...more
4/24/2023
/ Administrative Agencies ,
Administrative Law Judge (ALJ) ,
Appeals ,
Constitutional Challenges ,
Consumer Financial Protection Bureau (CFPB) ,
Consumer Protection Laws ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
FTC Act ,
SCOTUS ,
Securities and Exchange Commission (SEC)
The Consumer Financial Protection Bureau (CFPB) announced on March 15, 2023, that it is issuing a Request for Information (RFI) about the business practices of data brokers, which the agency said will assist it in “planned...more
3/28/2023
/ Algorithms ,
Consumer Financial Protection Bureau (CFPB) ,
Criminal Background Checks ,
Data Brokers ,
Data Collection ,
Data Privacy ,
Data Protection ,
Data Security ,
Fair Credit Reporting Act (FCRA) ,
Machine Learning ,
Marketing ,
Personal Data ,
Request For Information ,
Rulemaking Process
On March 2, 2023, following a 4-0 vote, the Federal Trade Commission announced a complaint and proposed consent order with BetterHelp, Inc., an online counseling platform that allegedly disclosed consumer health data to...more
3/8/2023
/ Advertising ,
Consumer Protection Laws ,
Corporate Counsel ,
Data Privacy ,
Data-Sharing ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
Health Information Technologies ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Healthcare ,
Personal Information ,
Settlement ,
Technology
For the first time, the Federal Trade Commission has brought an enforcement action under its 2009 Health Breach Notification Rule (HBNR). The case was brought against a digital health company, GoodRx Holdings, Inc., for...more
Data security will undoubtedly remain an enforcement priority for the Federal Trade Commission in 2023. A presentation on the FTC’s approach to data security by Deputy Chief Technologist Alex Gaynor at a Commission open...more
The Federal Trade Commission (FTC) released an advance notice of proposed rulemaking (ANPRM) on “Commercial Surveillance and Data Security” on August 11, 2022. The ANPRM, approved on a 3-2 party-line vote, is the initial step...more
8/17/2022
/ Administrative Procedure Act ,
Advanced Notice of Proposed Rulemaking (ANPRM) ,
Algorithms ,
COPPA ,
Data Security ,
Discrimination ,
Federal Trade Commission (FTC) ,
Privacy Laws ,
Rulemaking Process ,
Surveillance ,
Technology Sector
On May 19, 2022, at the Federal Trade Commission’s (FTC) first open meeting since the confirmation of Commissioner Alvaro Bedoya, the FTC unanimously approved two documents that signal its intention to strengthen its...more
5/25/2022
/ COPPA ,
Data Collection ,
Data Retention ,
Data Security ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
FTC Endorsement Guidelines ,
Online Safety for Children ,
Personal Information ,
Policy Statement ,
Proposed Amendments
Alvaro Bedoya was sworn in as a commissioner of the U.S. Federal Trade Commission (FTC) on May 16, 2022. Bedoya is well known in privacy circles. He founded the Center on Privacy and Technology at Georgetown Law School, where...more
5/20/2022
/ Competition ,
Consumer Financial Protection Bureau (CFPB) ,
Data Collection ,
Data Privacy ,
Data Security ,
Discrimination ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
Health Information Technologies ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Technology
Federal Trade Commission (FTC) Chair Lina Khan spoke at the opening of the International Association of Privacy Professionals Global Privacy Summit on April 11, 2022, in Washington, D.C. In her first public speech on privacy...more
Following a 3-2 vote, the Federal Trade Commission (FTC) recently announced amendments to the Safeguards Rule under the Gramm-Leach-Bliley Act. The Safeguards Rule was first promulgated in 2002. The revisions are meant to...more
On April 22, 2021, in a unanimous decision, the U.S. Supreme Court in AMG Capital Management v. FTC held that the authorization to seek a “permanent injunction” under Section 13(b) of the Federal Trade Commission Act does not...more
The Federal Trade Commission (FTC) announced on January 11, 2021, that it had reached a settlement with Everalbum, Inc., the developer of a now-defunct photo storage app called “Ever.” The settlement is the FTC’s first...more
1/29/2021
/ Algorithms ,
Biometric Information ,
Data Collection ,
Enforcement Actions ,
Facial Recognition Technology ,
Federal Trade Commission (FTC) ,
Heightened Scrutiny ,
Mobile Apps ,
Policy Violations ,
Regulatory Oversight ,
Risk Factors ,
Settlement
The FTC has no jurisdiction over common carriers even when they engage in non-common carrier activity, according to a recent U.S. Court of Appeals for the Ninth Circuit opinion. In FTC v. AT&T Mobility, No. 15-16585 (9th...more
9/8/2016
/ AT&T Mobility ,
Common Carriers ,
Data Plan ,
Dismissals ,
FCC ,
Federal Trade Commission (FTC) ,
FTC Act ,
Jurisdiction ,
Mobile Services ,
Net Neutrality ,
Open Internet Rules ,
Section 5 ,
Telecommunications ,
Unfair or Deceptive Trade Practices
The Federal Trade Commission unanimously (3-0) ruled on July 29, 2016 that LabMD’s data security practices were “unfair” under Section 5 of the FTC Act, reversing a decision of its Administrative Law Judge (ALJ).
As we...more
8/2/2016
/ Actual Injuries ,
Administrative Law Judge (ALJ) ,
Article III ,
Data Breach ,
Data Security ,
Federal Trade Commission (FTC) ,
FTC Act ,
Health Insurance Portability and Accountability Act (HIPAA) ,
HIPAA Breach ,
LabMD ,
Medical Devices ,
p2p ,
PHI ,
Section 5 ,
Standing ,
Unfair or Deceptive Trade Practices
Consensus was reached in a proceeding of the National Telecommunications and Information Administration (NTIA) of the U.S. Department of Commerce on a set of privacy best practices for the commercial and recreational use of...more