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FTC’s Updated Health Breach Notification Rule Now in Effect

The revamped Health Breach Notification Rule by the Federal Trade Commission (FTC) took effect on July 29, 2024, expanding consumer privacy protections to the users of online health platforms and health and wellness apps. Our...more

No Easy Way Out? Adobe and Executives’ Subscription Service Focus of FTC Action

The Federal Trade Commission took action against Adobe and two of its executives. Our Consumer Protection/FTC Team outlines vital takeaways for companies and their executives in light of the FTC’s recent action....more

FTC Proposes Significant Amendments to the COPPA Rule

Our Consumer Protection/FTC and Privacy, Cyber & Data Strategy teams review how the Federal Trade Commission’s proposal to amend the COPPA Rule would to create significant operational changes for website operators....more

FTC Finalizes CARS Rule Imposing Substantial Regulatory Requirements on Auto Dealerships

The Federal Trade Commission (FTC) has finalized its Combating Auto Retail Scams Trade Regulation (CARS) Rule, which will affect almost every aspect of auto advertising and sales. Our Consumer Protection/FTC Team explains how...more

FTC Approves New Data Breach Notification Requirement for Nonbanking Financial Institutions

With an amendment to its Safeguards Rule, the Federal Trade Commission has joined other federal agencies regulating cybersecurity breaches. Our Privacy, Cyber & Data Strategy Team analyzes how the amendment will affect...more

FTC Approves New Data Breach Notification Requirement for Non-Banking Financial Institutions

On October 27, 2023, the FTC approved an amendment to the Safeguards Rule (the “Amendment”) requiring that non-banking financial institutions notify the FTC in the event of a defined “Notification Event” where customer...more

FTC Launches Investigation into Creator of ChatGPT

In mid-July, the Federal Trade Commission (FTC) reportedly opened an investigation into OpenAI, the maker of ChatGPT, sending the company an extensive Civil Investigative Demand (CID). While FTC investigations are normally...more

FTC Seeks Comments on a New Verifiable Parental Consent Mechanism Under COPPA

On July 19, 2023, the Federal Trade Commission (the “FTC”) announced that it is seeking comment on an application for a new verifiable parental consent mechanism under the Children’s Online Privacy Protection Act (“COPPA”)....more

HHS and FTC Fire a Warning Shot at Healthcare Companies Using Online Tracking Technologies

On July 20, 2023, the Office for Civil Rights (“OCR”) of the U.S. Department of Health and Human Services (“HHS”), and the Federal Trade Commission (“FTC”) published a joint letter sent to approximately 130 hospital systems...more

FTC Continues Its Focus on Health Privacy

Our Privacy, Cyber & Data Strategy, Consumer Protection/FTC, and Health Care Teams examine the Federal Trade Commission’s continued focus on consumer privacy in the digital health care space....more

Structured Finance Spectrum – February 2023

Welcome to the latest edition of the Spectrum, covering hot-topic issues in the structured finance markets in the U.S. and UK. This edition features a new year for a new UCC Article 12, a farewell to LIBOR, and an appraisal...more

Limit Your Health Data Sharing and Call Me in the Morning: FTC Prescribes Enforcement of the Health Breach Notification Rule for...

Our Privacy, Cyber & Data Strategy and Consumer Protection/FTC Teams analyze the FTC’s first-ever enforcement of its Health Breach Notification Rule and how the FTC is scrutinizing how companies share consumers’ online health...more

CFPB Issues Proposed Rule to Establish Public Registry of Supervised Nonbank Form Contract Provisions that Waive or Limit...

A&B ABstract: On January 11, 2023, the Consumer Financial Protection Bureau (the “CFPB” or “Bureau”) announced a proposed rule to establish a public registry and require nonbanks supervised by the agency to register their...more

FTC Looks to Update Its Green Guides for Environmental Marketing Claims

The Federal Trade Commission is seeking public comment on potential updates to its Green Guides for the use of environmental marketing claims. Our Consumer Protection/FTC Team explains why, after over a decade, the FTC is...more

FTC Delays Effective Date of Certain Changes to the Safeguard Rule

On November 15, 2022, the Federal Trade Commission (FTC) announced that it is delaying the effective date of certain changes to the Gramm–Leach–Bliley Safeguards Rule. The Safeguards Rule, which first became operative in...more

FTC Proposes New Rule Targeting “Junk Fees”

The Federal Trade Commission’s latest effort to regulate fees cuts across many industries and comes on the heels of remarks by President Biden condemning “junk fees.” Our Consumer Protection/FTC Team reviews how the advance...more

FTC Settles with Auto Dealer over Claims of Deceptive and Discriminatory Sales Practices

Our Consumer Protection/FTC Team examines how an Federal Trade Commission action against an auto dealer signals a continued focus on deceptive add-on fees and discrimination against Black and Latino loan customers....more

CFPB and FTC Looking to Ramp Up Data Security Requirements

Enhancing data security programs to protect personal information is a critical area companies cannot ignore. Our Privacy, Cyber & Data Strategy and Financial Services & Products groups unpack the latest moves by the Consumer...more

FTC Seeking Comments to Update “.com Disclosures” Guidance

The Federal Trade Commission is seeking public comment on how it should modernize its business guidance about using disclosures in digital advertising and marketing. Our Consumer Protection/FTC Team analyzes the FTC’s request...more

Hefty FTC Penalty Against Twitter Reveals Privacy Policy Disclaimers Not Sufficient

The Federal Trade Commission has levied a negotiated $150 million civil penalty against Twitter for violating an existing FTC order for alleged misrepresentations to its users, claiming the company deceptively collected...more

FTC Guidance Creates New Breach Notification Obligations

The Federal Trade Commission has issued new guidance under which consumers or companies should be notified of data breaches “regardless of whether a breach notification law applies.” Our Consumer Protection/FTC Team analyzes...more

FTC at Full Strength Again

Our Consumer Protection/FTC Team examines what the Federal Trade Commission may prioritize now that Chair Lina Khan has her Democratic majority in place....more

FTC Enforces New “Made in USA” Labeling Rule for First Time

Our Consumer Protection/FTC Team reviews the Federal Trade Commission’s Made in USA Labeling Rule and the lessons companies can learn from the remedies the FTC sought in its first enforcement action of the rule....more

Online Retailer Settles with FTC over Allegations of Hiding Negative Reviews

On March 21, 2022, the Federal Trade Commission (FTC) announced a final administrative complaint and decision and order that finalizes a settlement with a California online fashion retailer to settle allegations that the...more

FTC Brings Enforcement Action for App’s Collection of Children’s Personal Data in Violation of COPPA

Our Privacy, Cyber & Data Strategy and Consumer Protection/FTC teams offer key takeaways from the Federal Trade Commission’s enforcement action in the midst of renewed emphasis on children’s privacy by both the Biden...more

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