News & Analysis as of

Federal Trade Commission (FTC) Mobile Apps Enforcement Actions

Clark Hill PLC

Children’s Data Update: From FTC and State Agency Enforcement to KOSA Advancing the Senate

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On July 7, the FTC and the Los Angeles District Attorney’s Office filed a complaint in the United States District Court for the Central District of California against the developer of an anonymous messaging app (NGL Labs,...more

BakerHostetler

Third CCPA Enforcement Settlement with California Attorney General and Los Angeles City Attorney Announced Against Mobile Game App

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In a joint press release published on June 18, the California Attorney General and Los Angeles City Attorney announced a settlement with Tilting Point Media LLC (Tilting Point) in connection with alleged violations of the...more

Jones Day

California and FTC Announce Enforcement Actions Involving the Sale of Personal Information

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In two back-to-back announcements, California and the FTC reemphasized their enforcement efforts related to the sale of personal information....more

Wyrick Robbins Yates & Ponton LLP

FTC Gives it to X-Mode: 5 Lessons from the Agency’s Latest Consumer Location Data Case

The FTC announced an action last week against location data broker X-Mode Social and its corporate successor Outlogic (collectively, “X-Mode”) based on several alleged violations of Section 5 of the FTC Act. According to FTC...more

McDermott Will & Emery

For the General Counsel’s Desk: Managing Enforcement Risks Involving Cookies, Pixels, and Other Tracking Technologies

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Data governance is a mission-critical issue for every company and institution in the United States. GCs face a host of pressing cybersecurity concerns. Triaging them requires time, attention, and a well-rounded strategy...more

Hinch Newman LLP

FTC and HHS Warn Hospital Systems and Telehealth Providers About Use of Technologies That Share Sensitive Health Information

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The Federal Trade Commission and the U.S. Department of Health and Human Services' Office for Civil Rights are cautioning hospitals and telehealth providers about the privacy and security risks related to the use of online...more

McDermott Will & Emery

FTC and HHS-OCR Spotlight Use of Tracking Tech by Healthcare Providers

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On Thursday, July 20, 2023, the Federal Trade Commission and HHS Office for Civil Rights issued a rare joint press release announcing that approximately 130 hospital systems and telehealth providers received a letter alerting...more

WilmerHale

FTC Brings Second Enforcement Action Against Healthcare Company for Violating the Health Breach Notification Rule

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On May 17, 2023, the Federal Trade Commission (the “FTC”) reached a settlement with Easy Healthcare Corporation (“Easy Healthcare”), for its fertility-tracking app, Premom. The agency alleged that Easy Healthcare failed to...more

Polsinelli

Regulatory Overreach/Litigation Remedies To Curtail Regulatory Excess by Federal Trade Commission

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With the rise of large-scale, high-profile data breaches, the Federal Trade Commission has expressed its intent to hold companies accountable. (See “Consumer Financial Protection Circular 2022-04,” Consumer Financial...more

Akerman LLP - Health Law Rx

FTC’s Enforcement Action Against GoodRx Breathes New Life into Decade Old Regulation

The Federal Trade Commission (FTC) didn’t mince words. On September 2021, it called out the health app industry for failing to understand the agency’s Health Breach Notification Rule (HBNR) and for not disclosing its...more

BakerHostetler

Latest FTC Health Privacy Case Sheds Light on Agency Health Privacy Approaches

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Health privacy has been a Federal Trade Commission (FTC) priority for decades, and indeed, one of its very first privacy cases, in the early 2000s, involved the inadvertent sharing of user health data. Fast-forward a few...more

Holland & Knight LLP

FTC Seeks First-Ever Health Breach Notification Rule Enforcement: Pixel Users Beware

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For the first time ever, the Federal Trade Commission (FTC) is seeking enforcement under the Health Breach Notification Rule. This regulation requires certain businesses not covered by the Health Insurance Portability and...more

DarrowEverett LLP

The FTC is Turning the Lights On: Dark Patterns Aren't in the Shadows Anymore

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The continued growth and dominance of e-commerce has ushered in a new frontier for businesses. In response to the progressive evolution from brick-and-mortar marketplaces to the current e-commerce dominant landscape,...more

Venable LLP

Gig Platforms, Wake Up. All Eyes Are Upon You.

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Constant connectivity through smartphones has ushered in a new way for small businesses to connect with potential customers and gig workers looking for flexible employment. The emergence of companies like Uber, GrubHub,...more

Dechert LLP

Dechert Cyber Bits - Issue 10

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SEC Proposes New Cybersecurity Rules for Public Companies - On March 9, 2022, the Securities and Exchange Commission (“SEC”) announced proposed amendments to its rules on cybersecurity. The proposed rules aim to “enhance and...more

Alston & Bird

FTC Brings Enforcement Action for App’s Collection of Children’s Personal Data in Violation of COPPA

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Our Privacy, Cyber & Data Strategy and Consumer Protection/FTC teams offer key takeaways from the Federal Trade Commission’s enforcement action in the midst of renewed emphasis on children’s privacy by both the Biden...more

Robinson+Cole Data Privacy + Security Insider

Privacy Tip #299 – Creepy SpyFone Banned by FTC

In a second case against stalkerware apps and the first where the FTC has banned a company from doing business, the FTC announced on September 1, 2021, that it has “banned SpyFone and its CEO…from the surveillance business...more

Jones Day

Jones Day Global Privacy & Cybersecurity Update | Vol. 28

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UNITED STATES - Regulatory—Policy, Best Practices, and Standards - President Biden Issues Cybersecurity Executive Order  - On May 12, 2021, President Biden issued an executive order that placed new standards on the...more

Wiley Rein LLP

Wiley Consumer Protection Download (April 12, 2021)

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Welcome to Wiley’s update on recent developments and what’s next in consumer protection at the Consumer Financial Protection Bureau (CFPB) and Federal Trade Commission (FTC). In this newsletter, we analyze recent regulatory...more

BCLP

FTC Says that One Cannot Retain the Fruit of the Tainted Tree

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Setting new precedent in the world of data, the FTC has found that the work product of ill-gotten data is no longer retainable by the developer.  On January 11, 2021, the U.S. Federal Trade Commission (FTC) announced that it...more

Wiley Rein LLP

Wiley Consumer Protection Download (March 15, 2021)

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Welcome to Wiley’s update on recent developments and what’s next in consumer protection at the Consumer Financial Protection Bureau (CFPB) and Federal Trade Commission (FTC). In this newsletter, we analyze recent regulatory...more

Sheppard Mullin Richter & Hampton LLP

Recent FTC Settlement Serves as Reminder For Digital Health Developers

Many digital health app developers offering health and wellness solutions directly to consumers may find themselves in a space unregulated by the Health Insurance Portability and Accountability Act (“HIPAA”). While...more

Perkins Coie

Everalbum Settles FTC Claims Alleging Deceptive Use of Facial Recognition Technology

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The Federal Trade Commission (FTC) announced on January 11, 2021, that it had reached a settlement with Everalbum, Inc., the developer of a now-defunct photo storage app called “Ever.” The settlement is the FTC’s first...more

Robinson & Cole LLP

Data Privacy + Cybersecurity Insider - January 2021 #2

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CYBERSECURITY - Ubiquiti Notifies Customers of Breach - Ubiquiti, a manufacturer of products used for networks such as routers, webcams and mesh networks, announced this week that an unauthorized access to its systems...more

Robinson+Cole Data Privacy + Security Insider

Privacy Tip #267 – Fertility Tracking App Settles with FTC

Flo Health, Inc., (Flo) which offers a fertility-tracking app (Flo Period & Ovulation Tracker) used by more than 100 million customers, has agreed to settle with the Federal Trade Commission (FTC) to dismiss the FTC’s claims...more

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