Antitrust & Trade Regulation Civil Remedies Privacy

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The FTC Faces an Embarrassing Set-Back in its Data Security Enforcement Authority as the LabMD Saga Continues

On November 10th, the Eleventh Circuit Court of Appeals handed an embarrassing defeat to the Federal Trade Commission and an early Christmas present to LabMD, Inc. in the ongoing David and Goliath battle between the...more

District Court Ruling in FTC v. Amazon Carries Implications for Data Security Breach Cases

Since the outset of its controversial foray into the data security space, the Federal Trade Commission (“FTC” or “Commission”) has cited its statutory power to seek injunctive relief as a basis for bringing actions against...more

FTC Plays Hard Ball, Fines LifeLock for Violating Customer Privacy Order

The Federal Trade Commission recently demonstrated the repercussions companies can face when they violate an order requiring them to improve security measures with their customers’ personal information. LifeLock, a...more

FTC Settles with Data Brokers in Sale of Consumer Data Used for Illicit Purposes

On February 18, 2016, the U.S. Federal Trade Commission ("FTC") settled a dispute against LeapLab LLC ("LeapLab") and others ("Co-Defendants") claiming that they knowingly sold consumer social security numbers, bank account...more

LifeLock Will Pay $100 Million to Settle (Again) with FTC

In a significant development, the FTC announced today that LifeLock, the identity theft protection company, has agreed to settle the FTC contempt charges against it for $100 million. This is the largest monetary award the...more

Advertising Law - July 2015

Try, Try Again: Lawmakers Reintroduce Do Not Track Kids Act - A group of federal lawmakers reintroduced the Do Not Track Kids Act, a bill to amend the Children’s Online Privacy Protection Act (COPPA), with some changes...more

Target Settles Consumer Data Breach Class Action for $10 Million

On Thursday, just three months after a district court judge in Minnesota denied Target’s motion to dismiss the consumer class action following the retailer’s massive 2013 data breach, the court granted preliminary approval of...more

Sysco, US Foods Seek Disclosure of FTC Witness Identities

The Federal Trade Commission (FTC) went head-to-head last week with Sysco Corp. and US Foods Inc. over whether to make public the names of the declarants relied on by the FTC in its preliminary injunction to block Sysco and...more

Further encouragement for private enforcement of competition law: European Courts allow greater information about cartel conduct...

The details regarding cartel conduct contained in the decisions of the European Commission and national competition authorities are highly relevant to the follow-on cartel damages litigation that are now so common in Europe....more

FTC Challenges Privacy Self-Regulation Offered by TRUSTe

The Federal Trade Commission (FTC) recently announced an enforcement action against TRUSTe, a provider of privacy certifications for online businesses. The settlement resolves allegations that TRUSTe deceived consumers about...more

FTC Settles With Debt Broker That Posted Consumer Financial Information

The Federal Trade Commission (“FTC”) has settled a complaint against consumer debt broker Bayview Solutions, LLC, as well as its principal, Aron Tomko, based on allegations that they had publicly disclosed the personal...more

Breaking News: The COPPA Enforcement Actions Are Here!

As we predicted in prior blog posts, the Federal Trade Commission has begun its vigorous enforcement of the Amended COPPA Rule. And one of the players is not a child-related site, so read on. The Commission just announced ...more

Advertising Law - May 2014

W3C Reaches Milestone: “Do Not Track” Specification Set - The road to establish an industry standard for Do Not Track has been long and winding. Last year, efforts at consensus stalled, grinding the work of the...more

FTC: Data Brokers That Compile Tenant Data May Be Covered by FCRA

On April 3, 2013, the Federal Trade Commission issued a press release that marks yet another step in its continuing trend of actions involving data brokers and data providers. As we have noted in earlier blog posts, the...more

Advertising Law - Apr 25, 2013

- Marc Roth Invited to Present on Privacy Issues in Marketing at NYC Bar CLE Program: On May 3, 2013, the New York City Bar Center for CLE and the Brand Activation Association (formerly the Promotion Marketing...more

Google Settles Another Privacy Allegation — This One Concerning Its ‘Street View’

Google recently agreed to a settlement after a three-year investigation conducted by 38 state attorneys general stemming for allegations that it had violated individuals’ privacy rights when it collected information from...more

On-Line Privacy: The FTC Snuffs Out A “History Sniffer”

Most people seem to know that on-line browsing does not occur in a vacuum. As we browse the Web the sites we visit send “cookies” to our browsers that allow those sites to recognize us and keep track of our activity on them....more

Do You Follow Your Posted Online Terms and Conditions?

There are dozens of federal statues and regulations that govern consumer privacy. They regulate what data a company can collect and how you must protect it once you have it. One of the best ways to mess up in e-commerce is...more

FTC Cracks Down on Illegal Telemarketing in Debt Relief Scheme and Issues Agenda for Robocall Summit

In an action filed by the Federal Trade Commission, a California district court has issued a temporary restraining order against the operators of debt relief companies that the agency says not only made false representations...more

Advertising Law -- August 24, 2012

In This issue: Long-Running False Advertising Class Action Resolved with $3.3 Million Payment; FTC Issues Record Fine Against Google; Jiffy Lube Agrees to $47M Tune-Up in Spam Text Suit; Coppertone’s Claims Burned...more

Advertising Law -- August 16, 2012

In This Issue: FTC Seeks Additional Comments on COPPA; Nestlé Gets False Ad Suit Dismissed, Despite FTC Settlement; Bag it: NAD Examines Claims About Bag Seal Strength; Running the Gamut: An Update on Toning Shoe...more

Fair Credit Reporting Act Is Applied to Data Broker Selling Personal Information Gleaned from Social Media for Employment...

In what the Federal Trade Commission (“FTC”) touts as “the first Commission case to address the sale of Internet and social media data in the employment screening context,” Spokeo, an on-line data broker, has agreed to settle...more

Advertising Law -- July 27, 2012

In This Issue: Report: Google to Pay $22.5 Million Fine to FTC Over Privacy Violations; “Barefoot” Class Actions Run into Court; $9M Netflix Privacy Settlement Gets Preliminary Approval; NAD Cleans Up Vacuum Claims; and...more

"When Did You Last Think About Your Privacy Policy?" FTC and Class Action Plaintiffs Take Aim in Data Breach Actions

Almost daily, headlines announcing data breaches exposing consumer personal information to identity thieves are becoming more and more common. Recent regulatory and consumer class actions filed on the heels of these breaches...more

Advertising Law -- May 17, 2012

In This Issue: PMA To Be Represented by Manatt Partner Linda Goldstein on FTC Panel; Manatt Partner Jeff Edelstein to Lead CLE Privacy Law Webinar Session; Thanks to the FTC, Defendants Won’t “Get Rich Quick” on...more

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