News & Analysis as of

Section 5

FTC resolves allegations against three U.S. based companies involving misrepresentations of International Privacy Program...

Privacy laws in Asia-Pacific countries such as Japan, Australia, New Zealand and Singapore restrict the export of personal information except when the exporter meets certain qualifying conditions. One qualifying condition is...more

California Last State to Join Multistate Settlement of Western Union Fraud Schemes

by Kelley Drye & Warren LLP on

Last week, California became the 50th state to join the multistate settlement with Western Union over its alleged complicity in fraud-induced wire transfers. This followed Western Union’s $5 million agreement with 49 state...more

Environmental False Advertising: An Earth Day Green Guide Review

Earth Day is coming up on April 22, which means that a lot of consumers are going to be reminded to think green, and to buy green. What if your company is looking to access this vast market of environmentally-minded shoppers,...more

Advertising Law - April 2017 #2

Business Supply Scam Operators Banned From Telemarketing - The Federal Trade Commission banned the operators of an office supply business from telemarketing pursuant to a settlement deal in Texas federal court. In...more

The FTC and LabMD’s Legal Battle Gets Personal: First Amendment Claims Against FTC Lawyers Survive

The Federal Trade Commission’s (FTC) sprawling and contentious legal battle with now-defunct medical testing company LabMD recently took an unusual turn when a federal court allowed LabMD (and its former CEO) to proceed with...more

FTC Enters $53 Million Settlement With Prepaid Debit Card Provider

by Goodwin on

On March 31, 2017, the Federal Trade Commission (“FTC”) announced that it had agreed to settle charges with a prepaid debit card provider for $53 million in monetary relief applied to balances and fees in customers’ accounts....more

Court Issues Temporary Restraining Order Against Invention Patenting and Promotion Company for Unfair and Deceptive Trade...

There are many businesses focused on helping inventors develop and monetize their ideas. There are companies that, for instance, help people seek patents on their inventions, license their inventions, turn their ideas into...more

Advertising Law - March 2017

FTC Fights Back in LabMD Suit - The Federal Trade Commission demonstrated its intention to fight for the power to regulate data security by filing a 111-page brief with the U.S. Court of Appeals for the Eleventh Circuit...more

FTC Action Against Physician Cooperative Illustrates Risks of Collective Contracting Activity Among Independent Providers

by Reed Smith on

A recent Federal Trade Commission (“FTC”) enforcement action against a physician cooperative in Puerto Rico for organizing a group boycott of a health plan underscores the need for providers to be cognizant of the antitrust...more

A Primer On FTC Cybersecurity Enforcement

According to the Breach Level Index, the total number of data records lost or stolen in just the first half of 2016 was 554,454,942, stemming from 974 breach incidents. In the entire year of 2015, there were 707.5 million...more

FCC Chairman Announces Intent to Stay Broadband Data Security Rules

by Hogan Lovells on

The Federal Communications Commission’s (FCC) Media Relations Office has released a statement announcing Chairman Pai’s intention to stay a data security rule adopted by the Commission late last year in its Broadband Privacy...more

The Real Takeaway from VIZIO’s Privacy FTC Settlement

by Davis Wright Tremaine LLP on

It has been widely reported that VIZIO, Inc., a large television manufacturer, settled a Complaint brought by the FTC and the Attorney General of New Jersey for $2.2 million for alleged unfair and deceptive acts and practices...more

Advertising Law - February 2017 #4

Not-So-Smart TV: Vizio Settles Over Data Collection - For installing software on smart TVs and collecting viewing data on 11 million consumers without their knowledge or consent, Vizio, Inc. will pay the Federal Trade...more

FTC Report Reinforces the Rules for Cross-Device Tracking

Well over a year after holding a workshop addressing privacy issues associated with cross-device tracking, Federal Trade Commission (FTC) staff have issued a report. The report sets the stage by describing how cross-device...more

FTC Case Will Test Its Power in IoT Space

by Morgan Lewis on

A recent action by the Federal Trade Commission (FTC) against an internet of things (IoT) device manufacturer in the Northern District of California is a significant development in the IoT space and data security law. The...more

VIZIO to Pay $2.2 Million to Settle Consumer Tracking Charges; FTC Treats Television Viewing History as “Sensitive Information”...

by WilmerHale on

On February 6, 2017, the FTC and New Jersey Attorney General and Department of Consumer Affairs filed a Complaint and Stipulated Order for Permanent Injunction and Monetary Judgment against television manufacturer VIZIO,...more

Not a Passing Grade: FTC Settles with Company Over Alleged False Advertising for High School Diploma Program

by Kelley Drye & Warren LLP on

On February 3, 2017, the Federal Trade Commission (FTC) announced a new settlement against Stratford Career Institute alleging that Stratford’s advertising for its high school diploma program (claiming that it provided the...more

Time to Review Your Online Marketing Practices and Privacy Policies

by Baker Donelson on

Earlier this week, the Federal Trade Commission (FTC) released a staff report on cross-device tracking which is part of a larger series of efforts by the FTC to explore emerging issues in the ever-evolving area of online...more

Disclosure Is Key for Cross-Device Tracking, FTC Staff Report Says

by Ballard Spahr LLP on

If you or your third-party providers are engaged in cross-device tracking, you must adequately disclose the practice to your end users, provide them control over their information, and exercise care when collecting sensitive...more

New Lawsuits Challenge Qualcomm’s Allegedly Anticompetitive Patent Practices

by Perkins Coie on

The Federal Trade Commission filed suit last week in federal court against Qualcomm, Inc., following its investigation launched in September 2014. The FTC alleges that the semiconductor manufacturer illegally maintained a...more

IoT Vendors Beware: FTC’s Latest Enforcement Action Signals Further Scrutiny of the Industry

by Davis Wright Tremaine LLP on

The FTC’s first data security enforcement action in 2017 sends a clear signal to vendors serving the Internet of Things (“IoT”) marketplace: make sure your data security promises match your data security practices. IoT is in...more

FTC Announces Settlement with Uber over Allegedly Deceptive Earnings Claims; Commissioner Ohlhausen Dissents

by Kelley Drye & Warren LLP on

In its latest action involving allegedly deceptive earnings claims, the FTC announced yesterday that Uber had agreed to settle charges that it misled potential drivers with inflated earnings claims. The complaint also...more

Alert: New Federal Law Prohibits Non-Disparagement Provisions in Form Contracts

by Cooley LLP on

A new federal law provides protection for US consumers who post negative reviews online.1 The Consumer Review Fairness Act of 2016 (the "Act") prohibits companies from including provisions in their form agreements that ban or...more

FTC Files Lawsuit Against Taiwanese Manufacturer for Alleged Lax Security in Wireless Routers and Cameras and Related Marketing...

by Kelley Drye & Warren LLP on

The Federal Trade Commission has filed a lawsuit in federal court claiming that a networking equipment manufacturer engaged in unfair and deceptive acts, exposing thousands of consumers to the risk of cyberattack from...more

The FTC Brings Section 5 Charges Against Internet-of-Things Companies

by WilmerHale on

On January 5, 2017, the FTC filed a complaint against the Taiwanese company D-Link and its US subsidiary, D-Link Systems. D-Link and its subsidiary manufacture and sell networked devices, including routers and...more

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Cybersecurity

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