Communications & Media Science, Computers & Technology Antitrust & Trade Regulation

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Email Marketing Attorneys and the FTC Clash Over and Settle Spam Claims

Last week, email marketing lawyers and the Federal Trade Commission (“FTC”) announced a $500,000.00 settlement between the agency and a company offering weight-loss products which were allegedly marketed via email in...more

$7.5 Million Reason to Call a Telemarketing Lawyer

On March 13, 2017, the Federal Trade Commission (the “FTC” or “Commission”) announced that a slew of Arizona State companies and their owners have agreed to pay $25 million to settle a lawsuit filed in connection with the...more

FTC Hosts FinTech Forum on Artificial Intelligence and Blockchain Technologies, Part II

As previously reported, on Thursday, March 9th, the Federal Trade Commission (FTC) hosted a forum on the consumer implications of recent developments in artificial intelligence (AI) and blockchain technologies. This is the...more

FCC Votes To Block Its Own Privacy Rule

New Federal Communications Commission (“FCC”) Chairman Ajit Pai signaled last week that he is planning to take the first step to return authority over broadband providers’ privacy and data security practices to the Federal...more

Scratching the Surface: The FTC’s Phishing Tips for Victim Companies Are a Good First Step but Companies Should Not Stop There

In one type of phishing, fraudsters impersonate your business when contacting consumers. Phishing victims think they’re giving information to your company — by phone or Internet —but instead give personal or financial...more

Privacy Tip #77 – FTC Offers Tips to Businesses That Have Been Impersonated by Phishing Schemes

On March 6, 2017, the Federal Trade Commission (FTC) released tips and a video to businesses that have been impersonated by Phishing schemes. The guidance, entitled “Has a phishing scam hooked your company’s good name?”...more

Dechert survey: Developments in securities fraud class actions against U.S. life sciences companies

Life sciences companies continued to be popular targets of securities fraud class action lawsuits filed in 2016, and prudent life sciences companies should take heed of the results of this year’s decisions. In 2016,...more

FCC Stay of Broadband Privacy Rules Foreshadows Deregulatory Measures

As anticipated, the Republican members of the Federal Communications Commission are taking steps to pare down the 2016 Broadband Privacy Order now that they are in the majority. The FCC has released an order staying the data...more

FTC’s $2.2m Smart TV Settlement Signals Continued IoT Enforcement Focus

On February 6, 2017, the Federal Trade Commission announced that it had settled charges against VIZIO, Inc., a consumer electronics manufacturer of Internet-connected televisions. The FTC alleged that VIZIO unfairly tracked...more

A Primer On FTC Cybersecurity Enforcement

According to the Breach Level Index, the total number of data records lost or stolen in just the first half of 2016 was 554,454,942, stemming from 974 breach incidents. In the entire year of 2015, there were 707.5 million...more

Advertising Law - February 2017 #4

Not-So-Smart TV: Vizio Settles Over Data Collection - For installing software on smart TVs and collecting viewing data on 11 million consumers without their knowledge or consent, Vizio, Inc. will pay the Federal Trade...more

Advertising Law - February 2017 #3

NAD Inquiry Results in Modified Celebrity Endorsements - As a result of an inquiry by the National Advertising Division, celebrity endorsements of FitTea were revised to better disclose material connections. The...more

FTC Report Reinforces the Rules for Cross-Device Tracking

Well over a year after holding a workshop addressing privacy issues associated with cross-device tracking, Federal Trade Commission (FTC) staff have issued a report. The report sets the stage by describing how cross-device...more

VIZIO Pays $2.2 Million for Viewing Histories on 11 Million Smart Televisions

The Federal Trade Commission (FTC) issued a press release on February 6, 2017 that it and the State of New Jersey have settled with Vizio for $2.2 million for claims that Vizio installed software on its smart TVs to collect...more

Smart Television Manufacturer Settles by Paying $ 2.2 Million to the FTC and the State of New Jersey

The FTC and the State of New Jersey recently announced a settlement with Vizio, Inc., in the amount of $2.2 million for tracking consumer behavior using its smart television devices. The complaint alleged that Vizio...more

Advertising Law - February 2017 #2

Uber’s Earnings, Financing Claims Crash Into FTC - For exaggerating claims about earnings potential and automobile financing, Uber has agreed to pay $20 million in a deal with the Federal Trade Commission. According...more

Smart TV Manufacturer “Smarting” after $2.2 Million Privacy Enforcement

This week, the FTC announced a settlement with VIZIO, Inc., one of the world’s largest manufacturers of “smart” TVs. The settlement, also with the Office of the New Jersey Attorney General, arises from claims by regulators...more

Big Brother and your TV – Vizio settles lawsuit with FTC and NJ Attorney General

Vizio sold more than 11 million smart televisions since 2010. These televisions contained tracking devices which captured consumers’ IP addresses and television watching practices without alerting consumers or getting their...more

FTC / DAA Extend Data Privacy Focus to Cross-Device Tracking

Enforcement of the Digital Advertising Alliance “Application of the Principles of Transparency and Control to Data Used Across Devices” (DAA Cross-Device Principles) officially began on February 1, just a week after the FTC...more

Cross-Device Tracking and the Trouble with Talkative Tech

Did you know that your devices are following you and talking amongst themselves? Creepy, right? From ordering products from your smartphone that you added to your shopping cart on your laptop’s browser to streaming a movie...more

No Harm, But Foul? FTC Sues Internet of Things Maker D-Link for Security “Vulnerabilities” Despite No Allegations of Breach

Shortly after the new year, the Federal Trade Commission filed suit in the Northern District of California against D-Link Corporation, a Taiwan-based maker of wireless routers, Internet Protocol (IP) cameras, and software...more

Ohlhausen’s Appointment as Acting Chair of FTC Signals Potential Change in Antitrust Approach

President Donald Trump last week designated Maureen K. Ohlhausen as acting chair of the U.S. Federal Trade Commission (“FTC”). Ohlhausen is a vocal critic of government involvement in the market, suggesting the FTC under her...more

FTC Cautions Companies on Cross-Device Tracking Disclosures

On January 23, 2017, the FTC released a new report outlining its recommendations for companies using cross-device tracking. The report focused on the FTC’s continued commitment to consumer choice, transparency, and...more

FTC Cries Foul On Breathometer Accuracy Claims

The FTC recently announced a settlement with Breathometer, Inc., a company that marketed a smartphone accessory that it claimed could detect blood alcohol levels. Users could simply plug the accessory into the headphone...more

Ninth Circuit Refines Antitrust Standing Doctrine Under Illinois Brick

The U.S. Court of Appeals for the Ninth Circuit recently addressed again when plaintiffs have standing to pursue federal antitrust claims under the U.S. Supreme Court’s landmark decision in Illinois Brick Co. v. Illinois, 431...more

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