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Wave of the Future: Government Releases New Tool to Aid Medical App Developers Comply with HIPAA

This month, the Department of Health and Human Services (HHS), the Food and Drug Administration (FDA), the Office of the National Coordinator for Health Information Technology (ONC), and the Federal Trade Commission (FTC)...more

What Net Neutrality Wrought: The FCC’s Proposed Broadband Privacy Rules

As previously promised in last year’s Open Internet Order, the Federal Communications Commission (FCC or the Commission) has released a Notice of Proposed Rulemaking (NPRM) seeking comment on proposed privacy requirements for...more

2016 Mobile Data Privacy and Security Update and 2015 Review

To say that mobile device usage has reached a tipping point would be an understatement. There are now more mobile devices than people in the world, a staggering 7.9 billion mobile devices for 7.4 billion people on Earth. In...more

Advertising Law - March 2016 #4

FCC Releases Privacy Regime for ISPs - Creating a storm of controversy, the Federal Communications Commission released information about its privacy proposal for Internet service providers. Pursuant to the plan,...more

The Federal Trade Commission Issues Warning Letters To App Developers

On March 17, 2016, the Federal Trade Commission (“FTC”) announced it had issued warning letters to twelve application (“app”) developers who installed in their apps software created by the company SilverPush that is capable...more

FTC Highlights FDCPA Risks for Debt Collectors Using Social Media, Texts

The Federal Trade Commission (FTC) recently published a reminder to debt collectors of the Fair Debt Collection Practices Act (FDCPA) compliance risks that are created by the use of social media or text messages in connection...more

FTC signs MOU with Canada on Do Not Call and anti-spam enforcement activities

In a sign of increased cross-border cooperation for enforcement purposes, the Federal Trade Commission (FTC) recently signed a Memorandum of Understanding (MOU) with the Canadian Radio-television and Telecommunications...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

CRTC enters into MOU with FTC on spam and unlawful telemarketing

As we have noted in previous posts, the Canadian Radio-television and Telecommunications Commission (CRTC) has repeatedly highlighted its work with its international counterparts to combat spam and unlawful telemarketing,...more

FTC issues warning to app developers about use of microphone software—it monitors consumers’ TV use without their knowledge

Most people don’t think about the microphone on their mobile phone unless it isn’t working. Most people don’t know that if it is on, it is working all of the time and is capturing private data that it has access to....more

Advertising Law - March 2016 #2

SPECIAL FOCUS: Lord & Taylor Settles With FTC for Not Disclosing Native Ads - Less than three months after the Federal Trade Commission issued its December 2015 Policy Statement and Business Guide on native advertising...more

FTC files complaint against solar panel company for do-not-call violations

The Federal Trade Commission (FTC) filed a complaint against Francisco J. Salvat and his companies KFJ Marketing, LLC, Sunlight Solar Leads, LLC, and Go Green Education (collectively, Defendants) for violations of the...more

"German Competition Regulator Investigates Facebook for Alleged Violation of Data Protection Laws"

The German Federal Cartel Office (the FCO) has announced that it has initiated proceedings against Facebook for the company’s alleged abuse of its dominant position in a market for social networks. The FCO appears to...more

Latest German Sausage? Privacy-Wurst by Facebook

Despite not being explicitly mentioned in the Constitution, the Supreme Court has firmly held that a right to privacy for all Americans is found in several amendments to the Constitution, with almost 100 years of case law...more

Advertising Law - March 2016

Tech Company Settles With FTC Over Installation of Apps Without Permission - A technology company that allegedly replaced a Web browser game with a program that installed apps on mobile devices without permission has...more

The Internet of Things and the FTC – Don’t Be the Test Case

Kevin Ashton, an expert on digital innovation, stated 15 years ago that, “If we had computers that knew everything there was to know about things—using data they gathered without any help from us—we would be able to track and...more

Geolocation Privacy Concerns Likely Raised as Billboards Used to Track Consumer Data

Yesterday, Clear Channel Outdoor Americas (Clear Channel), one of the world’s largest outdoor advertising companies, announced the launch of “Clear Channel Outdoor RADAR,” a new data and analytics tool designed to assist...more

FTC Settles Claims Against Group Of Data Brokers Dealing In Personal Information

The Federal Trade Commission (“FTC”) announced on February 18 that it has reached settlements with three affiliated companies accused of selling the financial and other personal information of “hundreds of thousands” of...more

FTC OKs Facial Recognition Consent Under COPPA Rule

This past Nov. 18, the Federal Trade Commission (FTC) approved a new verifiable parental-consent method under the Children’s Online Privacy Protection Act (COPPA) Rule, which will allow entities to use facial-recognition...more

Advertising Law - February 2016 #3

EU, U.S. Reach Data Deal—Not a Harbor, but a Shield - After the deadline expired to reach a deal on a new Safe Harbor for the transatlantic transfer of data, the European Union and the United States reached an agreement...more

FTC Announces Settlement Over Alleged Telemarketing Sales Rule Violations

On February 11, the FTC announced that an Atlanta-based Independent Sales Organization (ISO) agreed to settle charges that it violated the Telemarketing Sales Rule (TSR) by assisting and facilitating deceptive telemarketing...more

FTC settles case against Vulcun for installing apps on users’ phones without permission

On February 5, 2016, the Federal Trade Commission (FTC) announced that it has agreed to settle its case against Vulcun alleging that it “unfairly replaced a popular web browser game with a program that installed applications...more

Privacy Tip #20 – FTC releases new online tools for identity theft victims-take advantage of them!

As one who is frequently asked “What happens when I become the victim of identity theft?” or “How do I prevent myself from becoming the victim of identity theft?”, I am a pretty big fan of the FTC’s website and refer people...more

FDA Regulatory and Compliance Monthly Recap — January 2016

OPDP enforcement reaches record low in 2015 as drugmakers face uncertainty in digital marketing - Enforcement by the OPDP has fallen notably since 2010. The decline has been attributed, in part, to the agency's slow...more

Privacy & Cybersecurity Update - January 2016

In this edition of our Privacy & Cybersecurity Update, we discuss, among other matters, the status of the EU/U.S. Safe Harbor negotiations, as well as changes to privacy laws in Delaware and California that regulate online...more

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