Rebecca Engrav

Rebecca Engrav

Perkins Coie

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NJ’s Truth-in-Consumer Contract, Warranty and Notice Act: Will Related Class Actions Against Retailers Continue?

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

9/13/2016 - Attorney's Fees Class Action Consumer Contracts Online Platforms Statutory Damages Terms and Conditions Truth in Consumer Contracts Laws Warranties

Commission Holds FTC Unfairness Claim Does Not Require “Probable” or Tangible Injury in LabMD Data Security Case

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 ALJ Article III Data Breach Data Security FTC FTC Act HIPAA HIPAA Breach LabMD Medical Devices p2p PHI Section 5 Standing Unfair or Deceptive Trade Practices

Spokeo Confirms That Alleging a Statutory Violation Is Not Necessarily Enough to Create Standing

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

5/18/2016 - Article III Class Action FCRA Injury-in-Fact SCOTUS Spokeo v Robins Standing Statutory Damages

FTC Theory of Unrealized Consumer Injury Rejected in LabMD Data Security Case

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

11/17/2015 - Data Security FTC LabMD Personally Identifiable Information Section 5

Third Circuit Affirms FTC Authority to Police Whether Companies Have Reasonable Data Security

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 FCRA Fraudulent Charges FTC FTC Act FTC v Wyndham Hackers Personally Identifiable Information Popular SCOTUS Section 5 Unfair or Deceptive Trade Practices Wyndham

Federal Court Holds That FTC May Regulate Company Data Security Practices

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

4/10/2014 - Data Protection FTC Jurisdiction Wyndham

New Self-Regulatory Rules For Mobile Apps: What Your Company Needs To Know

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

7/31/2013 - Data Collection Digital Advertising Alliance Do Not Track Marketing Mobile Apps

The New COPPA Rule Takes Effect Today — Are You Ready?

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

7/1/2013 - COPPA Data Protection FTC Parental Consent Personally Identifiable Information

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