Kenneth Florin

Kenneth Florin

Loeb & Loeb LLP

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EU Data Privacy Update: European Council Approves Agreement to Data Privacy Reform

European regulators took another step forward on the protracted and procedurally involved path to EU-wide data privacy reform earlier this month when the European Council (the organization of the individual member states)...more

7/15/2015 - Data Breach Data Privacy Data Processors Data Protection EU EU Council of Ministers EU Data Protection Laws European Commission Fines Personally Identifiable Information Prior Express Consent Privacy Policy Proposed Regulation

FCC Approves Proposed Changes to Telephone Solicitation and Text Marketing Rules

Earlier today, the Federal Communications Commission voted 3-2 along party lines to approve Commissioner Tom Wheeler's proposal to "close loopholes and strengthen consumer protection" relating to telemarketing and text...more

6/23/2015 - Advertising Auto-Dialed Calls FCC Marketing Robocalling TCPA Telecommunications Texting

Staying Out of the FTC’s Data Security Cross-Hairs

As the Federal Trade Commission acknowledges in a recent blog post, no company wants to discover that its data security practices are under federal investigation. Yet any company that collects, uses or maintains consumer data...more

6/13/2015 - Corporate Counsel Data Breach Data Protection Data Security Data Use Policies Document Requests FTC Information Security Investigations Privacy Policy Settlement

FTC Answers New Questions About Endorsements and Disclosures

In light of the continued expansion of digital and social media, the FTC has released updated guidance on disclosing endorser relationships. In addition to reiterating its general guidance on when and how disclosures need to...more

6/5/2015 - Advertising Celebrity Endorsements Digital Media Endorsements FTC Misleading Impressions Misleading Statements Social Media Sweepstakes

Sponsor of Ironman Contest Agrees to Forfeit $2.7 Million in Lottery Fees

The U.S. Attorney's Office in Florida announced that World Triathlon Corporation (WTC) has agreed to turn over $2.7 million in lottery receipts to settle charges that the triathlon organizer engaged in illegal gambling by...more

5/21/2015 - Gambling Lottery Sports Gambling

Retail Tracking Firm Slammed with FTC Consent Order

The Federal Trade Commission last month announced a proposed consent order settling claims against Nomi Technologies, a third-party mobile tracking service that collects data about consumers' in-store shopping behavior. The...more

5/5/2015 - Consent Order Data Collection Enforcement Actions FTC Mobile Devices Mobile Privacy Retailers Web Tracking

ABA Working Group on NAD Process: Make It Even Better

An American Bar Association working group last week issued its report reviewing and suggesting improvements to the advertising industry's self-regulatory adjudication system. The 52-page report, "Self-Regulation of...more

4/27/2015 - ABA Advertising Attorney Advertising

Mobile Targeted Ad Enforcement to Begin This Summer

The Digital Advertising Alliance (DAA) recently announced two new mechanisms that will allow consumers to manage ad preferences on their mobile devices. (We summarized the new mechanisms in an Alert.) These new consumer...more

4/3/2015 - Advertising Mobile Ad Networks Mobile Apps Mobile Devices Online Advertisements Self-Regulatory Organizations

Digital Advertising Alliance Announces New Mobile Opt-Out Tools

The Digital Advertising Alliance (DAA) announced two new mechanisms that will allow consumers to manage ad preferences on their mobile devices. The tools are intended to complement the existing opt-out mechanisms that are...more

3/31/2015 - AdChoices Icon Advertising Digital Advertising Alliance Mobile Devices Opt-Outs

White House Releases Draft Privacy Bill

The White House released a discussion draft of the Consumer Privacy Bill of Rights Act of 2015. The Act is intended to establish baseline privacy protections for individuals in industries which are not currently regulated at...more

3/6/2015 - Consumer Privacy Bill of Rights Covered Entities Cybersecurity Discussion Draft FTC Obama Administration

FTC Recommends Privacy and Security Best Practices for the "Internet of Things"

The Federal Trade Commission released a staff report on the Internet of Things, recommending ways companies can minimize the data they collect, suggesting specific steps to increase security of connected devices, and...more

1/29/2015 - Best Practices Cybersecurity Data Protection FTC Internet Internet of Things

Indiana Attorney General Proposes Strengthening Online Privacy, Data Storage and Security Breach Laws

Indiana has become the latest state to propose more stringent privacy laws, potentially creating new compliance challenges for companies that do business in many different states....more

1/12/2015 - Amended Regulation Cybersecurity Data Protection Security and Privacy Controls

Accountability Program Releases Compliance Warning on Enhanced Noticed for Online Native Advertising

The Online Interest-Based Advertising Accountability Program is serious about compliance with the transparency and consumer control provisions of the Digital Advertising Association's Self-Regulatory Principles for Online...more

12/12/2014 - Advertising Behavioral Advertising Data Collection Digital Media Disclosure Disclosure Requirements Internet Native Advertising Notice Requirements

FTC Updates Its Mail Order Rule

The FTC's "Mail Order Rule" is now the "Mail, Internet, or Telephone Order Merchandise Rule" (16 CFR Part 435). The Rule prohibits sellers from soliciting mail, Internet, or telephone order sales unless they reasonably...more

10/9/2014 - FTC Mail Solicitation

New Requirements for Commercial Co-Venturers in South Carolina

Governor Nikki Haley signed into law House Bill 3367, which amends the South Carolina Solicitation of Charitable Funds Act, and took effect upon the governor's signature. Some of the new registration requirements must be...more

9/11/2014 - Charitable Organizations Co-Ventures New Legislation Registration

California Attorney General Provides Guidance for Complying with New Do Not Track Requirements

Kamala Harris, the California Attorney General, recently released guidance for complying with California's new Do Not Track requirements which took effect January 1, 2014....more

6/5/2014 - CalOPPA Data Protection Disclosure Requirements Do Not Track Kamala Harris Mobile Apps Privacy Policy

White House "Big Data" Report Highlights Benefits and Potential for Abuses from Big Data

The White House this month released its long-awaited report on big data: "Big Data: Seizing Opportunities, Preserving Values". The report was requested by President Barack Obama and addresses the ways in which technological...more

5/29/2014 - Barack Obama Big Data Consumer Privacy Bill of Rights Data Collection Data Protection Obama Administration Privacy Concerns Privacy Policy

Snapchat Settles FTC Charges of Misrepresenting Privacy and Security Features

Snapchat, a mobile app that lets users send photos and videos that self-destruct within ten seconds, settled FTC charges relating to the app's ephemeral message feature and the app's data collection and security features....more

5/15/2014 - Data Collection FTC Mobile Apps Mobile Privacy SnapChat

California Bill Imposes Tough Data Retention Restrictions and Broad Liability for Customer Data Breaches

In response to the recent high-profile data breaches involving the personal and financial information of millions of consumers, California legislators have advanced a bill that would hold businesses doing business in...more

4/24/2014 - Cybersecurity Data Breach Data Protection Data Retention

Car Manufacturer and Ad Agency Settle False-Advertising Claims for “Hill Climb” Ad

In a 2011 commercial for the Nissan Frontier produced by advertising agency TBWA Worldwide, Inc., the audience sees the wheels of an elaborately designed dune buggy spinning and kicking up sand in a fruitless attempt to climb...more

4/17/2014 - Advertising Automotive Industry False Advertising Trucking Industry

U.S. and U.K. Sign Memorandum of Understanding for Collaboration on Data Privacy Enforcement

Citing the increasing frequency with which consumer information crosses international borders and the need for coordinated monitoring and enforcement strategies related to consumer privacy, the U.S. Federal Trade Commission...more

4/17/2014 - Data Protection FTC Memorandum of Understanding Privacy Laws UK

States Further Attempt to Protect Minors' Privacy Online

Following the adoption of a California law protecting minors under the age of 18 online, Delaware has now introduced House Bill 261, which would add a new section called the Child Online Protection Act to Title 6 of the...more

4/17/2014 - Content Marketing COPPA Minors Mobile Apps Privacy Concerns Websites

FTC Letter States Pinterest Contest Entries Are Endorsements

After investigating a contest promoting Cole Haan products on Pinterest, the FTC determined that contestants' pins were endorsements and that these endorsements failed to disclose that contestants posted the pins as part of a...more

4/8/2014 - Endorsements FTC Pinterest

California Attorney General Urges Companies to Be Prepared for Cyber Attacks and Security Breaches

Kamala Harris, California's Attorney General, issued a set of recommendations for preventing and responding to cyber attacks and security breaches. The recommendations, called Cybersecurity in the Golden State, are directed...more

3/18/2014 - Cyber Attacks Cybersecurity Data Breach Data Protection Small Business

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