News & Analysis as of

Unfair or Deceptive Trade Practices Data Breach Health Insurance Portability and Accountability Act (HIPAA)

Davis Wright Tremaine LLP

Litigation Preparedness Following a Data Breach: Three Tips to Consider During the Incident Response Period

Data breaches come in many different forms, sizes, and levels of complexity, but they tend to share certain key facts: A third-party bad actor—whether through a phishing attack, a ransomware attack, exploitation of a zero-day...more

WilmerHale

FTC Continues Enforcement Focus on the Use and Disclosure of Health Information for Advertising

WilmerHale on

On Thursday, March 2, the FTC announced an enforcement action against BetterHelp, Inc., an online mental health counseling service, relating to claims that the company’s collection and use of consumer health data were unfair...more

Fox Rothschild LLP

Better Keep Health Data Private, FTC Signals to On-Line Health Care Providers

Fox Rothschild LLP on

Watch out HHS, the FTC is taking the lead in enforcing privacy violations by companies also subject to HIPAA. BetterHelp, an on-line mental health platform, engaged in unfair and unreasonable privacy practices according to...more

Wiley Rein LLP

Wiley Consumer Protection Download (February 13, 2023)

Wiley Rein LLP on

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

Eversheds Sutherland (US) LLP

FTC diagnoses common digital practices as both UDAP and breach

In a groundbreaking decision, the Federal Trade Commission (FTC) announced it was diagnosing GoodRx’s use of tracking pixel codes and analytics, its digital strategy, as not only an unfair or deceptive act or abusive practice...more

Spilman Thomas & Battle, PLLC

Proposed Amendment to the North Carolina Identity Theft Protection Act

In April 2019, with the introduction of House Bill 904, a bi-partisan effort was made to strengthen cyber security in North Carolina. H.B. 904 seeks to make North Carolina's Identity Theft Protection Act one of the strongest...more

Robinson+Cole Data Privacy + Security Insider

Top Ten Education Developments, Breaches, and Settlements of 2016

This year has been a busy year for education law in the area of data privacy. Educational institutions continue to be a rich target for hackers. Additionally, there were some important developments in the interpretation of...more

Robinson+Cole Data Privacy + Security Insider

LabMD Seeks Stay of FTC’s Final Order Pending Appeal

Not surprisingly, on August 30, 2016, LabMD filed its Application for a Stay of the Final Order of the Federal Trade Commission (FTC) pending review of the order by the appellate court. But since the matter is still pending...more

Cozen O'Connor

FTC Overturns ALJ’s LabMD Decision and Reasserts its Role as a Data Security Enforcer

Cozen O'Connor on

On July 29, 2016, the Federal Trade Commission (“FTC” or “Commission”) reversed an FTC administrative law judge’s (“ALJ”) opinion which had ruled against the FTC, finding that the Commission had failed to show that LabMD’s...more

Alston & Bird

FTC Overrules LabMD Dismissal, Finds Unfair Data Security Practices

Alston & Bird on

The FTC issued an Opinion and Final Order reversing the previously dismissed charges against LabMD on July 29. FTC Administrative Law Judge (ALJ) D. Michael Chappell had dismissed the case against LabMD on November 13, 2015...more

Robinson+Cole Data Privacy + Security Insider

FTC Reverses ALJ’s Decision In LabMD Case

Back in November 2015, Chief Administrative Law Judge (ALJ) D. Michael Chappell ruled that the Federal Trade Commission (FTC) failed to show that LabMD, Inc.’s (LabMD) data security practices caused harm to consumers stemming...more

Cooley LLP

Alert: FTC Commissioners Find LabMD's Failure to Implement Data Security Practices "Unfair"

Cooley LLP on

On July 29, 2016, the Federal Trade Commission (FTC or Commission) announced its long-awaited decision in its LabMD enforcement action. The Commissioners reversed the decision of an Administrative Law Judge (ALJ) and held...more

Fenwick & West LLP

FTC Holds That Disclosure of Sensitive Medical Information Due to Lax Security Violates the FTC Act

Fenwick & West LLP on

Last week, three commissioners from the Federal Trade Commission (FTC) held in In the Matter of LabMD, Inc. that a company’s failure to implement reasonable security measures to protect sensitive consumer information on its...more

Perkins Coie

Commission Holds FTC Unfairness Claim Does Not Require “Probable” or Tangible Injury in LabMD Data Security Case

Perkins Coie on

The Federal Trade Commission unanimously (3-0) ruled on July 29, 2016 that LabMD’s data security practices were “unfair” under Section 5 of the FTC Act, reversing a decision of its Administrative Law Judge (ALJ). As we...more

Davis Wright Tremaine LLP

Top Takeaways from IAPP

The world of privacy grows every day as more data goes through the cloud. The new trends and weekly data breaches make conferences like the Global Privacy Summit all the more relevant. Earlier this month we went to...more

Robinson+Cole Data Privacy + Security Insider

21st Century Oncology faces second class action suit for data breach of 2.2M records

We previously reported that 21st Century Oncology (21st Century) experienced a data breach of up to 2.2 million patient records that compromised the names, Social Security numbers and health and diagnostic information. It...more

Foley Hoag LLP - Security, Privacy and the...

The FTC’s Broad Authority and FTC v. Wyndham: Thinking about the Future of Data Privacy Regulations

What makes data privacy law interesting for academics, challenging for lawyers, and frustrating for businesses its shape-shifting structure in the face of rapidly changing technology. The recent change in the invalidation of...more

Robinson+Cole Data Privacy + Security Insider

Maryland AG settles with Visionworks over security practices

Using the Maryland Consumer Protection Act, Maryland Attorney General Brian Frosh has announced that eye care retailer Visionworks, Inc. has agreed to pay the state of Maryland $100,000 and enhance its security measures...more

Foley & Lardner LLP

FTC Uses Its "Unfair Acts" Power to Go After PHI Security Breach

Foley & Lardner LLP on

The Federal Trade Commission (FTC) is moving forward with an administrative action against a small medical laboratory that suffered two data security breaches, resulting in its patients’ protected health information falling...more

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