Privacy Antitrust & Trade Regulation

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FTC Updates Consumer Guidance for Online Tracking

On June 23, the FTC updated its consumer information page to provide updated guidance on “Online Tracking.” The updated guidance is intended to provide consumers with information on different methods of tracking, how they...more

Mobile Advertising Company Settles FTC Charges It Tracked Consumers’ Locations Without Permission

InMobi, a Singapore-based mobile advertising company that allegedly tracked the locations of hundreds of millions of consumers – including children – without consent, will pay $950,000 in civil penalties and implement a...more

Going Geo-Loco: FTC Settles with Mobile Ad Network over Geolocation Collection

The FTC announced a settlement on Wednesday with mobile advertising company, InMobi Pte Ltd., concerning allegations that the company deceptively tracked the geolocation of hundreds of millions of unknowing consumers,...more

FTC Backs FCC’s Proposed Rule on TCPA Amendments for Calls Collecting Government Debt

The Federal Trade Commission's (FTC) Bureau of Consumer Protection issued a Staff Comment on June 16, 2016, supporting several of the Federal Communication Commission's (FCC) proposed regulations implementing amendments to...more

State Attorneys General And Consumer Advocates Push For Privacy Protections In FCC’s Set-Top Box Plan

On June 3, a group of 15 state attorneys general and the consumer advocacy group Consumer Watchdog each filed letters with the Federal Communications Commission (the “FCC”) urging the FCC to incorporate more stringent...more

Practice Fusion and FTC Settle Complaint Over Deceptive Statements About the Privacy of Consumer-Generated Online Content

Last week, the Federal Trade Commission (FTC) announced (press release) that Practice Fusion, the largest cloud-based electronic health company in the United States, has agreed to settle FTC charges over deceptive practices...more

FTC Delays Ruling in LabMD Appeal

The Federal Trade Commission has decided to put off until late July a decision about whether to overturn a ruling by the agency’s chief administrative law judge in the closely watched data security action against LabMD, the...more

Advertising Law - June 2016 #2

Dietary Supplement Makers Reach Deal With FTC - The makers of a dietary supplement touted to help users lose weight and aid with the symptoms of menopause settled with the Federal Trade Commission over charges that their...more

CFPB Brings First Data Security Enforcement Action

The Consumer Financial Protection Bureau (CFPB) recently brought its first data security enforcement action, adding itself to the growing list of federal regulators tackling data security issues. The CFPB’s enforcement action...more

Will Privacy Enforcement Actions Impact “Reasonable” Security Measures Needed to Protect Trade Secrets?

In widely-publicized, contested privacy cases last year, the FTC advocated in favor of a high baseline for information security measures.  Among the security practices attacked by the FTC as critical mistakes by companies...more

Electronic Health Records Company Settles FTC Charges It Misled Consumers 

The U.S. Federal Trade Commission (FTC) has entered into a proposed settlement with Practice Fusion, the largest cloud-based electronic health records company in the country. The company solicited physician reviews from...more

FTC Settles Case against Vulcun for Force-Installing Apps

On May 10, the Federal Trade Commission (FTC) announced it had approved an order with General Workings, Inc., d/b/a “Vulcun,” settling charges that the company violated the Federal Trade Commission Act (FTC Act) when it...more

In Landmark Case Utah Jury Decides in Favor of FTC, Against Companies for Violations of the Telemarketing Sales Rules and Do Not...

A Utah federal court jury decided last week that the Federal Trade Commission’s (FTC) claims against Forrest S. Baker, and his film firms, Feature Films for Families, Inc., Corporations for Character, L.C., and Family Firms...more

FTC Oversight May Be Extended To Include Charities

We have recently written about the increasing importance of cybersecurity as an aspect of risk management for nonprofits in light of the proliferation of data security breaches across different sectors. A bill recently...more

FTC to Examine Testing and Evaluation of Disclosures

The Federal Trade Commission last week announced plans to examine the efficacy of disclosures that companies make in a variety of circumstances, including advertising and privacy-related disclosures. As part of its plans, the...more

Dawn raids: How to prepare for, manage, and mitigate the increasing risk to multinational tech companies

Dawn raids and enforcement actions throughout Europe are becoming more and more prevalent. And increasingly, the targets of these raids are multinational tech companies with foreign headquarters, which through their global...more

Advertising Law - May 2016 #4

NAD Vacuums Up Preference Claims - In a challenge brought by a competing vacuum manufacturer, the National Advertising Division recommended that SharkNinja discontinue a claim that "Americans now choose Shark 2-to-1 over...more

"Big Data Enters the Agenda of EU Antitrust Authorities"

On May 10, 2016, the French Competition Authority and German Federal Cartel Office published “Competition Law and Data,” a joint report on big data and its implications for competition law. The paper identifies issues that...more

Children's Privacy Online: The Interplay Between Mobile Applications and the Children's Online Privacy Protection Act

The activities of children on the internet, whether via computers, smart phones, or tablets, have grown exponentially in recent history. As internet access for children increased, parents began losing control of the amount...more

EU Retail News - May 2016

UK: How to comply with consumer protection laws — are you faking it? On 4 March 2016, the UK Competition and Markets Authority ("CMA") published guidance for businesses on how to comply with consumer protection law...more

Data Privacy Due Diligence: Questions to Consider in a Merger or Acquisition

The FTC can hold an acquirer responsible for the bad data security and privacy practices of a company that they acquire. Evaluating a potential target’s data privacy and security practices, however, can be daunting and...more

FTC: Data Security Primer for Small Businesses and Start-ups

The Federal Trade Commission will host a one day-conference in Chicago at Northwestern’s Pritzker School of Law on June 15, 2016. This event will be the fourth of the FTC’s Start with Security Events nationwide, which build...more

Internet of Things: FTC Settlement Again Emphasizes the Need to Protect Consumers

On February 23, the FTC announced that computer hardware maker ASUSTeK Computer, Inc. agreed to settle charges that it allegedly failed to protect consumers as required by federal law. The announcement of this settlement is...more

The Digital Download - Alston & Bird’s Privacy & Data Security Newsletter – May 2016

Special Focus on “Safe Harbor 2.0,” Privacy Shield and E.U. Data Transfers: Alston & Bird’s privacy team has been closely following the development of Privacy Shield, the proposed successor to the E.U.-U.S. Safe Harbor...more

FTC Guidance: Update Privacy Disclosures to Keep Pace with Advances in Online Tracking

The Federal Trade Commission recognizes that many people benefit from companies’ online tracking by getting advertising that is more targeted to their preferences. However, as the technologies and techniques used by companies...more

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