Key Takeaways -
- Beginning May 14, businesses offering "negative option features" can incur significant financial penalties for each violation of the FTC’s “click-to-cancel” rule.
- The rule imposes obligations related to...more
On April 22, 2025, the Federal Trade Commission published in the Federal Register the amendments to the Children’s Online Privacy Protection Act (COPPA) rule it announced on January 16, 2025. ...more
Perkins Coie partner Janis Kestenbaum says the FTC is keeping the pressure on strong consumer protection enforcement despite the Trump administration’s deregulatory agenda.
In balancing enforcement with fewer anticipated...more
5/5/2025
/ Artificial Intelligence ,
Consumer Protection Laws ,
Data Privacy ,
Enforcement Actions ,
Fake Reviews ,
Federal Trade Commission (FTC) ,
FTC Act ,
Online Safety for Children ,
Privacy Laws ,
Regulatory Agenda ,
Regulatory Requirements ,
Technology ,
Trump Administration
The Federal Trade Commission (FTC or Commission) announced long-awaited amendments to the Children’s Online Privacy Protection Act Rule (COPPA Rule) on January 16, 2025, marking the first changes to the COPPA Rule since 2013....more
This year saw significant enforcement activity from the Federal Trade Commission (FTC) on privacy, data security, and related technology topics, particularly with respect to location information, health, and other sensitive...more
12/23/2024
/ Data Brokers ,
Data Security ,
Enforcement ,
Federal Trade Commission (FTC) ,
Online Safety for Children ,
Personal Data ,
Privacy Laws ,
Regulatory Agenda ,
State and Local Government ,
State Privacy Laws ,
Technology Sector
On November 26, 2024, the FTC released a staff paper regarding the disclosure of the duration of the support for the software of connected consumer devices. As the FTC staff explained, if a manufacturer stops providing...more
The election of Donald Trump is likely to have a significant impact on the Federal Trade Commission’s (FTC’s) approach to privacy, data security, and other technology-related aspects of consumer protection, including...more
12/5/2024
/ Artificial Intelligence ,
Corporate Counsel ,
Cybersecurity ,
Data Privacy ,
Data Protection ,
Data Security ,
Federal Trade Commission (FTC) ,
Legislative Agendas ,
Machine Learning ,
Regulatory Agenda ,
Regulatory Reform ,
Technology Sector ,
Trump Administration
After much anticipation, on November 8, the California Privacy Protection Agency (CPPA) Board voted to advance proposed regulations for insurance, cybersecurity audits, risk assessments, and automated decision-making...more
11/27/2024
/ Artificial Intelligence ,
Automated Decision Systems (ADS) ,
California ,
California Privacy Protection Agency (CPPA) ,
Cybersecurity ,
Data Brokers ,
Data Protection ,
Privacy Laws ,
Risk Assessment ,
Risk Management ,
Rulemaking Process ,
Technology Sector
With a new administration reshaping the political landscape, retailers are preparing for policy shifts that may greatly influence their operations. In this Update, we explore the potential changes and challenges on the...more
11/18/2024
/ Advertising ,
Antitrust Division ,
Department of Labor (DOL) ,
Equal Employment Opportunity Commission (EEOC) ,
Federal Trade Commission (FTC) ,
Intellectual Property Protection ,
Legislative Agendas ,
Patent Trial and Appeal Board ,
Privacy Laws ,
Proposed Rules ,
Regulatory Agenda ,
Retail Market ,
Retailers ,
Robinson-Patman Act ,
Tariffs ,
Trade Relations ,
Trump Administration ,
USPTO
The Federal Trade Commission (FTC) announced its final Negative Option Rule (the Rule)—which the FTC often refers to as the “Click to Cancel” rule—for automatically renewing subscriptions, free trials that convert to paid...more
The Federal Trade Commission (FTC) and the Los Angeles County District Attorney on July 9, 2024, announced a complaint and proposed stipulated order against NGL Labs, LLC, and two NGL co-founders concerning the “NGL: ask me...more
8/21/2024
/ Compliance ,
COPPA ,
False Advertising ,
Federal Bans ,
Federal Trade Commission (FTC) ,
FTC Act ,
Instant Messaging Apps ,
Minors ,
Mobile Apps ,
Online Platforms ,
Privacy Laws ,
ROSCA ,
Section 5 ,
Social Media
The chair of the U.S. Senate Committee on Commerce, Science, and Transportation, Maria Cantwell (D-WA), and the chair of the U.S. House Committee on Energy and Commerce, Cathy McMorris Rodgers (R-WA), released a discussion...more
4/22/2024
/ Algorithms ,
Artificial Intelligence ,
Biden Administration ,
Data Brokers ,
Data Privacy ,
Data Protection ,
Data Security ,
Enforcement ,
FTC Act ,
Legislative Agendas ,
Machine Learning ,
New Legislation ,
Preemption ,
Privacy Laws ,
Technology
The Federal Trade Commission (FTC) issued a supplemental notice of proposed rulemaking (SNPRM) on February 15, 2024, in which it recommended a trade regulation rule that would (1) impose liability on businesses who provide...more
2/28/2024
/ Artificial Intelligence ,
Data Security ,
Federal Trade Commission (FTC) ,
Foreign Trade Regulations ,
Machine Learning ,
NPRM ,
Privacy Laws ,
Regulatory Agenda ,
Regulatory Requirements ,
SNPRM ,
Technology Sector
On February 1, 2024, the Federal Trade Commission (FTC) announced a complaint and proposed consent order against Blackbaud, Inc. concerning a 2020 data security incident that included a ransomware demand and payment....more
The Federal Trade Commission (FTC) announced its first enforcement action alleging that discriminatory use of artificial intelligence (AI) was an unfair practice under Section 5 of the FTC Act on December 19, 2023. According...more
1/11/2024
/ Artificial Intelligence ,
Biometric Information ,
Biometric Information Privacy Act ,
Consent Order ,
Data Privacy ,
Data Protection ,
Data Security ,
Discrimination ,
Enforcement Actions ,
Facial Recognition Technology ,
Federal Trade Commission (FTC) ,
Pharmaceutical Industry ,
Privacy Laws ,
Rite Aid ,
Section 5 ,
Technology Sector
The Federal Trade Commission (FTC) gave privacy lawyers a long-awaited Christmas gift on December 20, 2023: its notice of proposed rulemaking (NPRM) to amend the Children’s Online Privacy Protection Act (COPPA) Rule. The NPRM...more
1/8/2024
/ Biometric Information ,
COPPA ,
Data Collection ,
Data Retention ,
Data Security ,
Disclosure Requirements ,
Federal Trade Commission (FTC) ,
Notice Requirements ,
NPRM ,
Online Safety for Children ,
Personal Information ,
Privacy Laws ,
Public Comment ,
Regulatory Agenda ,
Regulatory Reform ,
Technology
Just a few years ago, the legal landscape governing health-related personal information was relatively simple: Protected Health Information (PHI) was regulated under Health Insurance Portability and Accountability Act...more
Under an amendment to the Safeguards Rule under the Gramm-Leach-Bliley Act (GLBA) announced on October 27, 2023, the Federal Trade Commission (FTC) will require a broad range of nonbank financial institutions to notify the...more
A significant number of federal legislative proposals that focus on online child safety have been introduced. If enacted, they would modify online providers’ obligations to remove and report child sexual exploitation (CSE)...more
10/26/2023
/ Children's Online Games ,
Children's Products ,
Consumer Protection Act ,
COPPA ,
Data Collection ,
Data Protection ,
Data Protection Principles ,
Legislative Agendas ,
Online Platforms ,
Online Safety for Children ,
Personal Data ,
Privacy Laws ,
Regulatory Oversight ,
Regulatory Requirements ,
Reporting Requirements ,
Transparency
Following a related request for information (RFI) earlier this year, the Consumer Financial Protection Bureau (CFPB) announced on August 15, 2023, its intention to launch rulemaking targeting data brokers. This rulemaking...more
The U.S. Supreme Court ruled in two related cases, Axon Enterprise Inc. v. FTC (No. 21-86) and SEC v. Cochran (No. 21-1239), that federal district courts have jurisdiction to hear structural constitutional challenges to the...more
4/24/2023
/ Administrative Agencies ,
Administrative Law Judge (ALJ) ,
Appeals ,
Constitutional Challenges ,
Consumer Financial Protection Bureau (CFPB) ,
Consumer Protection Laws ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
FTC Act ,
SCOTUS ,
Securities and Exchange Commission (SEC)
The Consumer Financial Protection Bureau (CFPB) announced on March 15, 2023, that it is issuing a Request for Information (RFI) about the business practices of data brokers, which the agency said will assist it in “planned...more
3/28/2023
/ Algorithms ,
Consumer Financial Protection Bureau (CFPB) ,
Criminal Background Checks ,
Data Brokers ,
Data Collection ,
Data Privacy ,
Data Protection ,
Data Security ,
Fair Credit Reporting Act (FCRA) ,
Machine Learning ,
Marketing ,
Personal Data ,
Request For Information ,
Rulemaking Process
On March 2, 2023, following a 4-0 vote, the Federal Trade Commission announced a complaint and proposed consent order with BetterHelp, Inc., an online counseling platform that allegedly disclosed consumer health data to...more
3/8/2023
/ Advertising ,
Consumer Protection Laws ,
Corporate Counsel ,
Data Privacy ,
Data-Sharing ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
Health Information Technologies ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Healthcare ,
Personal Information ,
Settlement ,
Technology
For the first time, the Federal Trade Commission has brought an enforcement action under its 2009 Health Breach Notification Rule (HBNR). The case was brought against a digital health company, GoodRx Holdings, Inc., for...more
Data security will undoubtedly remain an enforcement priority for the Federal Trade Commission in 2023. A presentation on the FTC’s approach to data security by Deputy Chief Technologist Alex Gaynor at a Commission open...more