Data privacy-related lawsuits have skyrocketed in recent years. Federal courts saw over 900 data privacy dockets in 2020 – but witnessed a surge to 1,767 dockets in 2023. At the halfway point in 2024, federal court data...more
7/10/2024
/ Biometric Information ,
Biometric Information Privacy Act ,
CIPA ,
Corporate Counsel ,
Cybersecurity ,
Data Collection ,
Data Privacy ,
Data Protection ,
Data Security ,
Healthcare ,
Invasion of Privacy ,
Popular ,
Public Policy ,
Statutory Interpretation ,
Third-Party ,
Web Tracking ,
Websites
On April 24, 2024, President Biden signed into law H.R. 815, which includes the Protecting Americans’ Data from Foreign Adversaries Act of 2024 (PADFA or the Act), a significant restriction on foreign data sales by U.S....more
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
12/5/2023
/ Artificial Intelligence ,
CID ,
Cloud Computing ,
Consumer Financial Protection Act (CFPA) ,
Consumer Financial Protection Bureau (CFPB) ,
Data Collection ,
Disclosure Requirements ,
Dodd-Frank ,
Endorsements ,
Fair Credit Reporting Act (FCRA) ,
Fake Websites ,
FDCPA ,
Federal Trade Commission (FTC) ,
Financial Reporting ,
FTC Act ,
GLBA Privacy ,
Gramm-Leach-Blilely Act ,
HMDA ,
Influencers ,
Loans ,
OMB ,
Payment Systems ,
Senate Judiciary Committee ,
Social Media ,
Unfair or Deceptive Trade Practices ,
Warning Letters
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
5/23/2023
/ Bank Accounts ,
Biometric Information ,
Cloud Computing ,
Consumer Financial Protection Bureau (CFPB) ,
Data Brokers ,
Data Collection ,
Debt Collectors ,
Department of Justice (DOJ) ,
False Statements ,
Federal Trade Commission (FTC) ,
FTC Act ,
NPRM ,
Request For Information ,
Telemarketing Sales Rule ,
Unfair or Deceptive Trade Practices
At the Federal Trade Commission’s (FTC or Commission) May 2023 Open Commission Meeting, the FTC voted unanimously to approve a Policy Statement on Biometric Information and Section 5 of the FTC Act (the Policy Statement). The...more
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
4/11/2023
/ CARD Act ,
Consumer Financial Protection Bureau (CFPB) ,
Data Collection ,
Dodd-Frank ,
FDCPA ,
Federal Trade Commission (FTC) ,
Financial Institutions ,
Financial Services Industry ,
Green Guides ,
Minorities ,
NPRM ,
Request For Information ,
Truth in Lending Act (TILA)
March wrapped up with several significant state privacy developments. First, on March 28, Iowa Governor Kim Reynolds signed Senate File 262 (SF 262) into law, making Iowa the sixth state to adopt comprehensive data privacy...more
4/7/2023
/ California Consumer Privacy Act (CCPA) ,
California Privacy Rights Act (CPRA) ,
Consent ,
Consumer Privacy Rights ,
Data Collection ,
Data Privacy ,
New Legislation ,
Opt-Outs ,
Personal Information ,
Sensitive Personal Information ,
State Privacy Laws
2023 already is a landmark year for privacy regulation. As of January 1, 2023, two new privacy laws are now in effect: (1) the California Privacy Rights Act (CPRA), which amends the California Consumer Privacy Act (CCPA), and...more
Regulatory Announcements-
FTC Holds September Open Commission Meeting and Votes to Approve Government and Business Impersonation Fraud NPRM, Gig Work Policy Statement, and Dark Patterns Report. On September 15, the FTC held...more
9/21/2022
/ Advertising ,
Amicus Briefs ,
Consumer Financial Protection Bureau (CFPB) ,
Credit Karma ,
Data Brokers ,
Data Collection ,
E-Cigarettes ,
Experian ,
Fair Credit Reporting Act (FCRA) ,
Fake Reviews ,
False Advertising ,
FDCPA ,
Federal Nursing Home Reform Act (FNHRA) ,
Federal Trade Commission (FTC) ,
FTC Act ,
Geolocation ,
Made in the USA ,
NPRM ,
Popular ,
Pre-approval ,
Skilled Nursing Facility ,
Surveillance ,
Third-Party
On August 11, 2022, the Federal Trade Commission (FTC) released its much anticipated advance notice of proposed rulemaking (ANPR), titled “Trade Regulation Rule on Commercial Surveillance and Data Security.” The ANPR is the...more
8/12/2022
/ Administrative Procedure Act ,
Advanced Notice of Proposed Rulemaking (ANPRM) ,
Artificial Intelligence ,
Automated Decision Systems (ADS) ,
Communications Decency Act ,
Consent ,
Consumer Financial Products ,
Corporate Counsel ,
Data Collection ,
Data Security ,
Federal Register ,
Federal Trade Commission (FTC) ,
FTC Act ,
Surveillance ,
Transparency ,
Unfair or Deceptive Trade Practices
Regulatory Announcements-
FTC Announces MOU with NLRB to Address Employment-Based Consumer Protection Issues. On July 19, the FTC announced that it entered into a memorandum of understanding (MOU) with the National Labor...more
7/26/2022
/ Consumer Financial Protection Bureau (CFPB) ,
Data Collection ,
EFTA ,
Federal Trade Commission (FTC) ,
FTC Act ,
Geolocation ,
Gig Economy ,
Memorandum of Understanding ,
Military Lending Act ,
NLRB ,
Non-Compete Agreements ,
OCC ,
Truth in Lending Act (TILA)
The Federal Trade Commission (FTC) recently published a blog post that highlights the agency’s continued focus on “highly sensitive data,” including information about a person’s health and precise location data. The blog...more
The Federal Trade Commission (FTC or Commission) now has a full slate of Commissioners with the confirmation and swearing-in of Commissioner Alvaro Bedoya, who brings an extensive background in privacy issues....more
6/29/2022
/ Algorithms ,
Artificial Intelligence ,
CafePress ,
COPPA ,
Data Collection ,
Data Security ,
Federal Trade Commission (FTC) ,
FTC Act ,
Notice Requirements ,
Personal Information ,
Surveillance
On June 3, 2022, Senator Wicker (R-Miss.), Ranking Member of the Senate Commerce Committee, and Representatives Pallone (D-N.J.) and Rodgers (R-Wash.), Chairman and Ranking Member of the House Energy and Commerce Committee,...more
6/10/2022
/ Biometric Information ,
Consumer Privacy Rights ,
Cybersecurity ,
Data Collection ,
Data Privacy ,
Data Processing Rules ,
Data Protection ,
Data Protection Acts ,
Data Retention ,
Federal Trade Commission (FTC) ,
Privacy Laws ,
Private Right of Action ,
Proposed Legislation
On March 3, 2022, the Federal Trade Commission (FTC) reached a settlement with WW International, Inc. (formerly known as Weight Watchers) and its subsidiary Kurbo, Inc. to resolve a complaint that the companies’ app – Kurbo...more
On March 3, 2022, the Utah House of Representatives passed a consumer privacy bill: the Utah Consumer Privacy Act. The bill had already passed the Utah Senate in February, and at the time of this writing, awaits a signature...more
Privacy In Focus®-
The last several years have seen major developments in state privacy laws. While Congress remains gridlocked on the federal privacy front, states enacted omnibus data privacy bills that will impact...more
1/19/2022
/ California ,
California Consumer Privacy Act (CCPA) ,
California Privacy Rights Act (CPRA) ,
CDPA ,
Colorado ,
Comment Period ,
Compliance ,
Consumer Privacy Rights ,
Corporate Counsel ,
Data Collection ,
Data Mapping ,
Data Privacy ,
Data Protection ,
Privacy Policy ,
Proposed Amendments ,
State Data Privacy Laws ,
State Privacy Laws ,
Third-Party ,
Virginia
On June 8, 2021, the Colorado Legislature passed the Colorado Privacy Act (CPA or “Act”), moving Colorado close to becoming the third state in the nation with its own omnibus privacy law, joining California and Virginia. If...more
Virginia recently became the second state to pass a comprehensive privacy law. What does it mean for you and your business? While the law is not effective until the beginning of 2023, it requires significant changes in how...more
On March 15, 2021, the California Attorney General (AG) issued further amendments to the implementing regulations of the California Consumer Privacy Act (CCPA), clarifying how a business must facilitate a consumer’s exercise...more
Earlier this week, the Commonwealth of Virginia became the second state to enact comprehensive consumer data privacy legislation, joining California. On March 2, Governor Ralph Northam signed the Consumer Data Protection Act...more
3/5/2021
/ CDPA ,
Consumer Privacy Rights ,
Data Collection ,
Data Controller ,
Data Management ,
Data Protection ,
Information Governance ,
Opt-Outs ,
Personal Data ,
Right to Delete ,
Right-To-Access ,
State Privacy Laws ,
Virginia
Virginia is for lovers and, in the near future, may be for privacy as well, as the Commonwealth’s legislature is currently considering adopting its own comprehensive consumer data privacy law: The Consumer Data Protection Act...more
2/17/2021
/ Consumer Privacy Rights ,
Data Collection ,
Data Controller ,
Data Management ,
Data Privacy ,
Information Governance ,
Opt-Outs ,
Personal Data ,
Personally Identifiable Information ,
State Privacy Laws ,
Virginia
Speaking to the Future of Privacy Forum, Acting Federal Trade Commission (FTC) Chairwoman Rebecca Kelly Slaughter provided insight this week into how the Biden Administration intends to pursue privacy issues at the FTC. These...more
The California Privacy Rights Act (CPRA) – passed by voters in November – amends the California Consumer Privacy Act (CCPA) in a number of critical ways. Join us for a discussion of the CPRA’s key provisions, the issues on...more
On January 11, 2021, the Federal Trade Commission (FTC) announced a proposed settlement with the photo storage and organization app developer Everalbum, Inc. (Everalbum) regarding its collection of biometric data and use of...more