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News & Analysis as of

The FTC Social Media Consent Order Against SmartClick

The FTC continues its efforts to combat deceptive social media advertising. In June 2016, the FTC brought an enforcement action against SmartClick Media LLC and its owner. The FTC alleged that SmartClick engaged in the...more

FTC Steps Up Activity on APEC Cross-Border Privacy Certification: Issues Warning Letters to 28 Companies Claiming Certification

The Federal Trade Commission (FTC) has issued warning letters to 28 companies that claim to be certified participants in the Asia-Pacific Economic Cooperative’s (APEC) Cross-Border Privacy Rules (CBPR) system on their...more

ACLU Suing To Limit The Scope Of The Computer Fraud And Abuse Act And Promote Research Of Online Discrimination

On June 29, 2016, the American Civil Liberties Union filed a lawsuit against Loretta Lynch in her official capacity as the United States Attorney General to challenge the constitutionality of a provision of the Computer Fraud...more

How to Comply with the Children’s Online Privacy Protection Act (COPPA)

There are relatively few restrictions on collecting information from children offline. Efforts to collect information from children over the internet, however, are regulated by the Children’s Online Privacy Protection Act...more

Children's Privacy Online: The Interplay Between Mobile Applications and the Children's Online Privacy Protection Act

The activities of children on the internet, whether via computers, smart phones, or tablets, have grown exponentially in recent history. As internet access for children increased, parents began losing control of the amount...more

Changes in Requirements of Magnuson-Moss Warranty Act: Option to Provide Warranty Terms Online Pursuant to E-Warranty Act of 2015

Manufacturers of consumer products sold in the United States should be aware that recent changes in the federal statute governing consumer product warranties allow for more flexibility in how manufacturers can satisfy their...more

Fundamental Change to Warranty Law: Consumer Warranties can be Posted online

Recent changes to the federal statute governing warranties on consumer products will make it easier and more cost-effective for consumer product manufacturers and suppliers to satisfy the federally-mandated warranty...more

FTC Updates IdentityTheft.gov Website

The Federal Trade Commission (FTC) has announced updates to the IdentityTheft.govwebsite aimed at making the site more useful to victims of identity theft. The changes will enable consumers to quickly file complaints and...more

Socially Aware: The Social Media Law Update Volume 7, Issue 1

Three Steps To Help Ensure The Enforceability Of Your Website’s Terms Of Use - Operators of social media platforms and other websites typically manage their risks by imposing terms of use or terms of service for the...more

Federal Trade Commission PrivacyCon 2016 Recap: Insights into the FTC’s Perspective on Privacy and Data Security

The Federal Trade Commission’s PrivacyCon event brings together the FTC, researchers and academics to discuss the latest research and trends related to consumer privacy and data security. Much of the discussion today...more

Website Privacy Policy Updates – Tell Them About It

You may have noticed our law firm’s website recently posted a notice announcing a change to our website’s privacy policy. You may have seen other website publishers do something similar from time to time, as well....more

The Five Stages of Online Lead Generation

On October 30, the FTC presented a workshop on lead generation entitled Follow the Lead. Online lead generation is an area receiving increased regulatory scrutiny by the FTC and other regulators, including the CFPB. Over the...more

The New “Yelp.com” for the Consumer Finance Industry

Since the creation of the Consumer Financial Protection Bureau (“CFPB”) in 2010, the CFPB has been accepting consumer complaints regarding financial services companies, and has been publishing data regarding these complaints...more

Important Decision On Applicable Data Protection Law

After the controversial Google Spain decision (which besides the right to be forgotten also dealt with applicable law rules), the Court of Justice of the EU (CJEU) handed down another important – and yet again rather...more

Are You Providing Your Warranty Correctly? Congress Just Passed a Law!

Believe it or not, Congress passed a law. That law impacts how you, Automotive Industry Company, are providing your warranties (hopefully, limited warranties with limited remedies – but that is a topic for another post). The...more

Does Your Website Privacy Policy Need Some Love?

Everyone does it, especially startups. You need a privacy policy for your website, and your legal budget is limited. Hop onto Facebook (or Google, or Amazon) — cut, paste and voilà! — your startup has a shiny new privacy...more

Erasure Laws Don’t Equal Right to be Forgotten

We have previously blogged about the “right to be forgotten,” which has gained a substantial foothold in Europe, and which one nonprofit consumer group has urged the Federal Trade Commission to adopt. While that “right”...more

Online Behavioral Advertising Guidelines Go Mobile

On September 1, the Digital Advertising Alliance (DAA) began enforcing its guidelines for online behavioral advertising regarding mobile advertising. The DAA, a notfor-profit independent body, develops industry-best practices...more

President Signs E-Warranty Statute Amendment

In a rare display of bipartisanship, the U.S. Congress has passed and, on September 24, 2015, President Obama signed, an amendment of the federal statute regulating warranties on consumer products, the Magnuson-Moss Warranty...more

Leveling the Playing Field: Mobile Location Analytics

As brick-and-mortar retailers face increasing challenges to compete with their online counterparts, a new tool is helping to level the playing field: mobile location analytics. Traditionally, online retailers have had an...more

Government Websites With Cybersecurity Tips & Information

As part of the government’s recent clarion call to improve our individual and collective cybersecurity posture, several federal and state agencies have released a variety of guidelines, frameworks, best practices and tips. ...more

FCC Shows Hand on Regulation of Edge Providers

In a prior post, we commented on how the recent expansion of the FCC’s authority to regulate the privacy practices of Internet service providers (ISPs) has ignited calls for further expansion of the FCC’s authority to cover...more

FTC’s social media product endorsement guidelines

Back in 2009, the Federal Trade Commission (FTC) updated its ‘Endorsement Guides’ and followed up with an informal publication called “What People are Asking” to clarify some of the guides points. In May 2015, the FTC updated...more

Is a “YourBrand.sucks” Domain Name Worth $2,500 per Year?

The sunrise period for "dot sucks," the new generic top level domain (gTLD), opened on March 30, 2015 and ends on June 19, 2015. During the sunrise period, the suggested retail price per .sucks domain name registration is...more

FTC follows in CFPB footsteps with GLBA privacy notices

The FTC recently proposed amendments to its Gramm-Leach-Bliley Act (GLBA) rules requiring motor vehicle dealers to send their customers an annual privacy notice. The amendments would allow motor vehicle dealers to notify...more

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