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
The Federal Trade Commission (FTC) issued a policy statement on May 18, 2023, addressing concerns relating to the collection and use of biometric information. The Biometrics Policy Statement, which the FTC’s Commissioners...more
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
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
This year brought a wave of class action complaints alleging that national retailers are violating the New Jersey Truth-in-Consumer Contract, Warranty and Notice Act (TCCWNA), N.J.S.A. §§ 56:12-14 et seq., by including...more
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
In a 6-2 decision, the Supreme Court held that the mere allegation of a statutory violation is not necessarily enough to create Article III standing. Spokeo, Inc. v. Robins, 578 U.S. __, No. 13-1339 (May 16, 2016). Instead,...more
In what could be a major setback for the Federal Trade Commission (FTC) in the data security arena, an Administrative Law Judge (ALJ) has ruled that an unfairness claim brought by the FTC under Section 5 of the FTC Act...more
Since at least 2005, the Federal Trade Commission has asserted that it may regulate lax data security practices as an “unfair” business practice under Section 5 of the FTC Act. The Wyndham hotel chain was the first to...more
8/27/2015
/ COPPA ,
Credit Cards ,
Cyber Attacks ,
Cyber Crimes ,
Cybersecurity ,
Data Breach ,
Data Protection ,
Data Security ,
Debit Cards ,
Fair Credit Reporting Act (FCRA) ,
Federal Trade Commission (FTC) ,
Fraudulent Charges ,
FTC Act ,
FTC v Wyndham ,
Hackers ,
Personally Identifiable Information ,
Popular ,
SCOTUS ,
Section 5 ,
Unfair or Deceptive Trade Practices ,
Wyndham
In a closely watched and first-of-its-kind case, the U.S. District Court for the District of New Jersey rejected, for purposes of a motion to dismiss, a defendant company’s argument that the Federal Trade Commission (FTC)...more
Even as efforts to achieve industry-wide consensus on Do Not Track appear to be stalling, self-regulatory associations are forging ahead with their own rules governing online and mobile data collection....more
In December 2012, the Federal Trade Commission (FTC) adopted final amendments to the Children's Online Privacy Protection Act (COPPA) Rule, which regulates how companies may collect information online from children under 13. ...more