Advertising Law - August 18, 2011

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In This Issue:

Congress Considers More Data Security, Breach Laws; FTC Takes Action Against Payday Lender; Controversy Over Basketball Wives; Privacy Suit Filed Over Use of ETags; NAD Weighs In on Dietary Supplement for Lung Health.

Congress Considers More Data Security, Breach Laws

Late last month lawmakers introduced two new data protection bills that would require companies to take measures to secure customer data and notify them of any security breach.

Sens. Tom Carper (D-Del.) and Roy Blunt (R-Mo.) introduced the Data Security Act of 2011, which would apply to data brokers, government agencies that possess nonpublic personal information, and all retailers who take credit card information. Under the proposed legislation, covered entities must implement, maintain, and enforce “reasonable data security policies and procedures,” as determined by the size, complexity, and scope of their business and the sensitivity of the information they maintain.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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