Federal Trade Commission Data Security

The United States Federal Trade Commission is an independent federal agency established in 1914 by the Federal Trade Commission Act. The agency is charged with protecting consumers from misleading, fraudulent or... more +
The United States Federal Trade Commission is an independent federal agency established in 1914 by the Federal Trade Commission Act. The agency is charged with protecting consumers from misleading, fraudulent or deceptive marketing claims, as well as regulating unfair business practices that undermine the competitive marketplace.    less -
News & Analysis as of

3rd Circuit Says: FTC Can Take Action Against Companies That Suffer Data Security Breaches

Companies can be fined by the federal government for failing to properly safeguard consumer data, according to a decision this week by Pennsylvania's federal appellate court....more

Third Circuit Not Hospitable to Wyndham, Upholds FTC’s Broad Powers to Regulate Cybersecurity

Over one year ago, our colleague Chris Hart argued that the District of New Jersey court’s decision in FTC v. Wyndham Worldwide Corp. et. al., No. 13-1887-ES, “point[ed] to the possibility that the FTC has potentially broad...more

Advertising Law - August 2015 #4

In Case You Missed It: Possible Jail Time for TCPA Violations, Microsoft Gets Slammed With Solicitation Scam Class Action, and 'Do Not Disturb' Technology Gets Pushed on FCC - The world of the Telephone Consumer...more

Legal Insights on the Ashley Madison Hack: Part II

As more names emerge from the dark web data dump of Ashley Madison customers, lawyers around the globe have found a very willing group of would-be plaintiffs. Interestingly, all of these plaintiffs are named “Doe,” which must...more

The FTC Continues to Flex its Safe Harbor Enforcement Muscles

On August 17, 2015, the Federal Trade Commission (FTC) announced settlements with 13 companies on charges that they misled consumers by claiming that they were certified members of the U.S.-EU or U.S.-Swiss Safe Harbor...more

Appellate Court Confirms the FTC’s Power to Regulate Cybersecurity

In a highly-anticipated decision, the U.S. Court of Appeals for the Third Circuit has ruled in FTC v. Wyndham Worldwide Corporation that the Federal Trade Commission (“FTC”) is authorized to pursue lawsuits against those who...more

Third Circuit Affirms FTC Authority to Police Whether Companies Have Reasonable Data Security

Since at least 2005, the Federal Trade Commission has asserted that it may regulate lax data security practices as an “unfair” business practice under Section 5 of the FTC Act. The Wyndham hotel chain was the first to...more

Third Circuit to Wyndham (Part I): It's "Fair" that FTC Did Not Articulate Specific Cybersecurity Standards in Enforcement Action...

On Monday, the Third Circuit issued a highly anticipated opinion affirming the Federal Trade Commission's authority to regulate "unfair" cybersecurity practices under Section 5 of the FTC Act. In allowing the data breach...more

UPDATE: Third Circuit Affirms FTC’s Data Security Authority in Wyndham

The U.S. Court of Appeals for the Third Circuit released its much-anticipated ruling in Federal Trade Commission v. Wyndham Worldwide Corp. on August 24, 2015, unanimously upholding the FTC’s authority to regulate companies’...more

FTC Interpreted to be Cyber Security Police

Today, August 24, 2015, in a long-anticipated decision, the Third Circuit has interpreted the enforcement authority of the Federal Trade Commission under the Federal Trade Commission Act to include cyber security deficiencies...more

Third Circuit Upholds FTC’s Authority in Wyndham Case

On August 24, 2015, the Third Circuit, in a highly anticipated ruling, upheld a 2014 New Jersey District Court decision that the FTC has authority under section 5 of the FTC Act to regulate “unfair” data security practices...more

Third Circuit Affirms FTC’s Authority Over Companies’ Cybersecurity Practices

In a test of the Federal Trade Commission’s authority to police cybersecurity, the Third Circuit Court of Appeals yesterday ruled that the agency has broad power to take action against private sector companies which fail to...more

New Potential Liability for Data Security: U.S. Court of Appeals for the Third Circuit Announces FTC has Authority to Scrutinize a...

The U.S. Court of Appeals for the Third Circuit announced that the Federal Trade Commission (FTC) has the authority to scrutinize a business’s data security protocol -- and to file a complaint if the FTC finds that protocol...more

Privacy Tuesday – August 24, 2015 – FTC vs. Wyndham Update

Rather than our usual Privacy Monday “bits and bytes,” we have a breaking story relating to the ongoing Wyndham/FTC saga. Today, Wyndham Worldwide Corp. lost a critical round in the Third Circuit. Anticipated since...more

Federal Trade Commission Joins with Industry Experts to Provide Start-Ups and Developers with Practical Advice at “Start with...

The FTC has a history of offering practical advice to organizations and consumers to protect against security threats and related concerns, and is continuing this practice with the upcoming – and very first – “Start with...more

Six Ways for Data-Driven Medical Device Companies to Implement Effective Privacy and Security Measures

The increasing amounts of health information being generated, stored and collected have heightened the special risks medical device manufacturers have long faced. In addition to the nexus to patient health and safety, if a...more

FTC Closing Letter Provides Good Data Security Reminder

Last week, the FTC sent a closing letter to Morgan Stanley Smith Barney LLC (“Morgan Stanley”) relating to the agency’s investigation over whether Morgan Stanley engaged in unfair or deceptive acts or practices by failing to...more

FTC settles false safe harbor allegations with thirteen companies

The FTC has made it clear over the past year that it is serious about companies’ compliance with the US-EU and US-Swiss safe harbor programs, and has publicly stated that it is randomly reviewing company websites to ensure...more

The ABCs of COPPA Compliance

In today’s environment – when data breaches seem to be in the news nearly every day – the media, regulators and many others are hyper-focused on privacy issues. Schools and educational institutions are no exception when it...more

House Judiciary Subcommittee Holds Hearing On The Internet Of Things

In a July 29, 2015 hearing, lawmakers asked a panel of witnesses—all industry representatives—about the current and future challenges facing the Internet of Things, and what role, if any, Congress should play in addressing...more

Privacy & Cybersecurity Update - July 2015

Seventh Circuit Decision May Make It Easier for Class Action Plaintiffs to Establish Standing in Data Breach Cases - The Seventh Circuit has issued a decision that could make it much easier for class action plaintiffs to...more

LifeLock Inc. sued by FTC for allegedly violating order and misleading customers

In 2010, LifeLock Inc. entered into a settlement with the Federal Trade Commission (FTC) and 35 state attorneys general for $12 million for allegations involving false promises and lack of security. The settlement was...more

U.S. Senators Introduce Automobile-Focused Cybersecurity Legislation

On July 21, Senators Blumenthal (D-CT) and Markey (D-MA) introduced legislation, the Security and Privacy in Your Car Act (“SPY Car”Act), that would protect drivers’ privacy while allowing them to remain connected to the...more

This Is Not Your Father's Oldsmobile: Car Hacking and the SPY Car Act

Not coincidentally, on July 21, 2015, Wired Magazine published an article with groundbreaking evidence of hacking a car wirelessly, and Senators Edward Markey (D-Mass.) and Richard Blumenthal (D-Conn.) introduced legislation...more

Class Is in Session: The FTC Launches New Data Security Initiative

Why it matters - The Federal Trade Commission (FTC) kicked off a new educational initiative to provide guidance to businesses in the area of data security. Based on the lessons learned from more than 50 of the agency's...more

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