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New York A.G. Announces $100k Settlement Over Data Breach

On August 5, New York Attorney General Eric T. Schneiderman announced a settlement with Provision Supply, LLC d/b/a EZcontactsUSA.com, imposing $100,000 in penalties and ongoing obligations to maintain certain security...more

Well-Drafted Privacy Policy Saves the Day for GameStop

This Tuesday, the Eight Circuit Court of Appeals affirmed a Minnesota federal district court’s dismissal of a website user’s lawsuit and prospective class action involving the privacy policy and information sharing practices...more

The FTC Rules Against LabMD in On-Going Data Security Case

The lengthy saga between the Federal Trade Commission (FTC) and LabMD, Inc. reached another turning point on July 28, 2016. The FTC issued its unanimous Opinion in which it found that LabMD’s data security practices were...more

FTC Slaps Down ALJ’s Data Security Ruling in LabMD, Sets Broad Mandate for Protection of “Sensitive” Consumer Data

In a sweeping statement of its data security expectations for organizations that maintain consumer information, the Federal Trade Commission on Friday found that LabMD, the defunct medical testing lab, failed to employ...more

In re Nickelodeon Consumer Privacy Litigation: An IP Address is Not Always Personally Identifiable Information

What’s the Case About? In re Nickelodeon Consumer Privacy Litigation is a multi-district consolidated class action filed on behalf of children under the age of thirteen alleging that Viacom used child directed websites it...more

FTC Data Security Standards: Final Order in the ASUSTeK Case; No Mercy for LabMD

The Federal Trade Commission, continuing its quest to be the enforcer of consumer privacy rights, has come down hard this month on ASUSTeK and LabMD for their failure to have adequate data security standards. Because the FTC...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

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

CFPB’s First Data Security Action; Fines Online Platform Dwolla for Alleged Weak Security Practices

On March 2, the CFPB settled its first data security enforcement action against Iowa-based Dwolla Inc. Launched as a startup in 2009, Dwolla is an online payment platform that enables customers to transfer money directly...more

FTC Announces Settlement with ASUS over Insecure Routers and Cloud Services

Yesterday, the FTC announced that it had entered into a settlement agreement with Taiwan-based computer hardware manufacturer ASUSTeK Computer Inc., resolving allegations that the company failed to take reasonable steps to...more

Wyndham Settles with FTC

Last month, Wyndham Worldwide Corp. settled its lengthy civil case with the Federal Trade Commission. The suit began in 2012, when the FTC sued Wyndham and three of its subsidiaries, alleging three data breaches between 2008...more

Should We Hack Back?

“No,” says U.S. Assistant Attorney General Leslie R. Caldwell. At the most recent Cybersecurity Law Institute held at Georgetown University Law Center in late May, the head of the U.S. Department of Justice’s (DOJ) Criminal...more

Cybersecurity Risks Are Higher than Ever and Are Proving Costly

Cybersecurity is an increasing concern for companies. Last April, the UK Department for Business, Innovation & Skills (BIS) published the 2014 information security breaches survey: technical report. The report comprises the...more

Disappearing Act Fails – Maryland Attorney General and FTC “snap” back at Snapchat

Recently, the Maryland Attorney General’s Office announced that it reached a settlement with Snapchat, Inc. over alleged deceptive trade practices in violation of Maryland law and violations of federal laws that are intended...more

Unique Privacy Concerns for Mobile Apps [Video]

With the rise of BaaS (or Backend as a service) platforms, it is easier than ever to create a mobile app on the fly. But Fenwick privacy co-chair Tyler Newby advises that companies should be aware of some important privacy...more

Buying Competitor's Names As Keywords Does Not Violate Wisconsin's Privacy Law

A personal injury law firm can buy search terms using the names of a competing law firm’s partners without violating Wisconsin’s privacy laws because the use of the names is “non-visible,” an appellate court found. The...more

Trust in On-Line Advertising

It’s no surprise that people trust online reviews from consumers more than traditional advertisements. After all, advertisements are created by the company selling a product of service, whereas third party reviews are by...more

FTC Report Outlines New Privacy Framework For Handling Consumer Data

The Federal Trade Commission (FTC) issued a report in March 2012 setting forth best practices for businesses to protect the privacy of American consumers and give them greater control over the collection and use of their...more

Freeman, et al. v. Quicken Loans, Inc.: Supreme Court Declines To Expand Consumer Protections Beyond Congress’ Exact Words

Freeman, et al. v. Quicken Loans, Inc.: Supreme Court Declines To Expand Consumer Protections Beyond Congress’ Exact Words. The Freeman decision demonstrates that administrative agencies cannot expand federal consumer...more

Debt Collection To Be Regulated by CFBP

The Consumer Financial Protection Bureau (CFPB), Regulate consumer debt "collection agencies"...more

In The Matter of "Verizon Wireless"

Complaint, Request for Investigation, Injunction, and Other Relief

EPIC Files Complaint, Urges FTC to Investigate Verizon's Recent Changes to Privacy Practices EPIC filed a complaint with the Federal Trade Commission charging that Verizon Wireless has engaged in unfair and deceptive...more

What can I do if a debt collector is reporting a debt to credit bureaus that I dispute?

Have you started getting collection calls or collection letters for a debt that you do now owe? Were you the victim of identity theft? Have you discovered items on your credit report that aren't yours? Are you having...more

3 Recent Computer Fraud and Abuse Act Cases Worth Noting

Three recent Computer Fraud and Abuse Act (“CFAA”) cases decided over the last couple of months are worth looking at because they show the following points, respectively: (1) the CFAA in its current form does not give...more

Will France adopt a law requiring the notification of security breaches? (by Marie-Andrée Weiss & Cédric Laurant)

A French bill “to better guarantee the right to privacy in the digital age” has implemented the European Directive 2009/136/EC by requiring the data controller to inform the “Data Protection Correspondent” (a person within an...more

La France va-t-elle se doter d’une loi rendant obligatoire les notifications des violations de sécurité ? (par Marie-Andrée Weiss...

La proposition de loi française “visant à mieux garantir le droit à la vie privée à l’heure du numérique” transpose la Directive 2009/136/CE en obligeant les responsables de traitements de données à caractère personnel...more

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