Privacy Communications & Media Antitrust & Trade Regulation

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Nomi FTC Settlement Highlights Risks of Publicizing Company Privacy Policies

A closely divided Federal Trade Commission (“FTC” or the “Commission”) has signaled support for the agency’s recent focus on mobile device privacy. On April 23, 2015, the five-member Commission voted 3-2 to accept a proposed...more

Self-Regulatory Ad Programs Get Updated with Enforcement of Mobile Guidance to Begin Sept. 1

The digital advertising industry’s decision to start enforcing its self-regulatory principles will mean that mobile platform advertisers and other entities will face additional consumer notification, data use, and data...more

FTC Commissioner Says That The FTC’s Data Privacy And Security Enforcement Authority Applies To The “Internet of Things”

In a keynote address at the European Data Protection Days conference on May 4, 2015, Federal Trade Commission (“FTC”) Commissioner Julie Brill said that the FTC has enforcement authority under Section 5 of the FTC Act...more

FTC Ramps Up Scrutiny of Retail Location Analytics

To improve customer experience and understand customers’ movements and interactions on their premises, retailers, hotels and other brick-and-mortar businesses increasingly use signals from mobile devices to observe their...more

Consumer Privacy and Broadband: The Debate Begins

Privacy and data security are high priorities of the Federal Communications Commission (FCC) under the leadership of Chairman Tom Wheeler. In addition to significant enforcement actions against AT&T and TerraCom/YourTel that...more

Retail Tracking Firm Slammed with FTC Consent Order

The Federal Trade Commission last month announced a proposed consent order settling claims against Nomi Technologies, a third-party mobile tracking service that collects data about consumers' in-store shopping behavior. The...more

FTC Continues its Push to Regulate the Collection and Use of Location Information

Recently, the Federal Trade Commission (FTC) announced that it had settled charges with Nomi Technologies, Inc. regarding its collection and use of information that could be used to track the movements of individuals through...more

FTC Finalizes First Privacy Settlement Against a Retail Tracking Firm

In a first-of-its-kind enforcement action, the Federal Trade Commission (FTC) on Thursday voted along party lines to settle deception allegations against Nomi Technologies (Nomi), a company whose technology allows retailers...more

FTC Releases 2014 Annual Highlights Report

On April 15, the FTC released its 2014 Annual Highlights Report (Report), summarizing the FTC’s work during the prior year to protect consumers and promote competition in industries such as mobile technology, healthcare, and...more

Federal Regulators Expand Authority Over Data Security Issues: Recent Actions by FCC and FTC Underscore the Importance of...

Highly regulated industries such as banking and healthcare have been at the forefront with robust data security regulations for a number of years. Regulators are now focusing on other industries as data breach incidents...more

Legal and Regulatory Landscape for Mobile Health Technologies

Mobile health (mHealth) technologies continue to expand in application and implementation. Over the past decade, the breadth of these technologies has grown from the creation of healthcare-directed websites (think WebMD) to...more

The IoT scrutinized by Telecom regulator

€ 1.55 bn of revenues for the Internet of Things (IoT) in Italy shows a growing market, but the report from the Communications Authority stresses the need for regulatory changes to boost the sector....more

Data Privacy and Security Insider Update - April 2015

Target Corp. announced yesterday that it has settled the claims of MasterCard International Inc. (MasterCard) against it to reimburse MasterCard and its card issuers for the losses it sustained in issuing new credit and debit...more

Has Your Website’s EU Safe Harbor Expired?

FTC proposes twenty-year compliance program for two companies that have settled charges that they misrepresented that they are currently compliant with the US-EU Safe Harbor Framework. Does your company rely on the US-EU Safe...more

UPDATE: FTC Plans Review of YouTube Kids App

As we predicted in our post late last month, Google’s YouTube Kids app has attracted more than just the “curious little minds” Google was hoping for. Yesterday, a group of privacy and children’s rights advocates (including...more

FTC Creates New Office To Investigate Consumer Technologies

On March 23, the FTC announced – via blog post – the formation of the Office of Technology Research and Investigation (OTRI), a newly formed research office within its Bureau of Consumer Protection....more

FTC updates COPPA FAQs related to educational context

On March 24, 2015, the Federal Trade Commission (FTC) updated the Children’s Online Privacy Protection Act (COPPA) Frequently Asked Questions (FAQs) to better address the intersection of COPPA regulations and schools....more

Advertising Law - April 2015

Pink Cadillac Not Included: Mary Kay Sues Over “Fraudulent Couponing Scheme” - According to a new federal court complaint filed by Mary Kay, Inc., online deal site RetailMeNot has tricked consumers with a “fraudulent...more

FTC Reminds Schools When They Can Consent to Certain Online Activities By Students Under COPPA

Last week the Federal Trade Commission announced on its blog that it has updated its frequently asked questions (FAQs) about the interplay between schools and the Children’s Online Privacy Protection Act (COPPA). Although...more

Advertising Law - March 2015 #5

Paying for Consumer Reviews Gets Company FTC Action - Accused of failing to disclose that it gave cash discounts to customers to post online reviews, AmeriFreight and owner Marius Lehmann agreed to a settlement with...more

Cross-Device Tracking: The New World

Facebook does it. Google does it. It’s everywhere in the mobile ad ecosystem. And your smartphone does it often than you know, according to a study released on Monday by Carnegie Mellon....more

FTC Creates New Office Focused on Privacy and Data Security

Earlier this week the Federal Trade Commission (“FTC”) announced the formation of the Office of Technology Research and Investigation within its Bureau of Consumer Protection. The office will succeed the Mobile Technology...more

The New Frontier in Interest Based Advertising: FTC Shifts Focus to Cross-Device Tracking

As consumers increasingly connect to the Internet using multiple devices—such as mobile phones, tablets, computers, TVs and wearable devices—advertising technology companies have rapidly developed capabilities to reach the...more

Health Update - March 2015

Supporting Informed Decision Making in the Health Insurance Marketplace: A Progress Report - Editor’s note: As Affordable Care Act (ACA) implementation moves forward and the marketplace continues to evolve, there is a...more

Privacy Tuesday – March 2015: COPPA Refresh

On Friday, the FTC published updates to the COPPA FAQs, the Commission’s compliance guide for businesses and consumers, to address the applicability of COPPA and the Amended COPPA Rule to educational institutions and...more

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