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10 Things to Know About the APRA – the Latest Federal Privacy Law Effort

Over the weekend, lawmakers unveiled the latest push for a federal privacy law – the American Privacy Rights Act (APRA). The bill was circulated as a discussion draft by Sen. Maria Cantwell (D-WA), Chair of the Senate...more

FTC Targets AI and Potentially More in Impersonation-Fraud Rulemaking

On February 15, 2024, the Federal Trade Commission (FTC) issued a Supplemental Notice of Proposed Rulemaking (SNPRM) that proposes to hold liable entities that provide “goods or services” used by fraudsters to illegally...more

FCC Kicks Off Voluntary IoT Security Label Program With Big NPRM

In a new Notice of Proposed Rulemaking (NPRM), the Federal Communications Commission (FCC) imposes a short comment deadline for a complex new cybersecurity labeling regime for Internet of Things (IoT) devices. The NPRM also...more

FTC and HHS Caution Hospitals and Telehealth Providers on Tracking Tech

This month, the Federal Trade Commission (FTC) and the U.S. Department of Health and Human Services' (HHS) Office for Civil Rights sent letters warning about privacy and security risks related to online tracking technologies...more

FTC Issues Policy Statement on Biometric Information, Signaling a New Enforcement Priority

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

FTC Proposes New Rule to Broadly Ban Non-Compete Agreements

On January 5, 2023, the Federal Trade Commission (FTC or Commission) released a Notice of Proposed Rulemaking (NPRM) that seeks to ban employers from imposing or enforcing non-compete clauses on workers. The FTC’s proposed...more

FTC Launches Rulemaking on Fee Disclosures and Practices Across Industries

On October 20, 2022, the Federal Trade Commission (FTC) announced the launch of a new rulemaking process to address how fees are charged for goods or services, focusing on potentially “deceptive or unfair” fees that the FTC...more

Updates on the FTC Privacy Rulemaking: Insights from Commissioner Slaughter and Comment Deadline Extension

In August, the FTC launched a groundbreaking privacy and security rulemaking under the FTC Act with an extensive Advanced Notice of Proposed Rulemaking (ANPR) that asks a wide range of questions. The ANPR has generated...more

FTC Seeks Comment on Proposed Rule Prohibiting Impersonation Scams

On September 15, 2022, the Federal Trade Commission (FTC) issued a Notice of Proposed Rulemaking (NPRM) to promulgate a “Rule on Impersonation of Government and Businesses,” which would prohibit the impersonation of...more

FTC Launches National Privacy Rulemaking

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

FTC Highlights Scrutiny of Health and Geolocation Data

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

Top Developments to Watch at the FTC on Privacy

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

‘An Avalanche of Rulemakings’ – The FTC Gears Up for an Active 2022

Privacy In Focus®- On December 10, 2021, the Federal Trade Commission (FTC) published its Annual Regulatory Plan for 2022 – the first under FTC Chair Lina Khan – noting that it “will consider developing both...more

FTC Commences Rulemaking Targeting Business and Government Impersonation Fraud

On December 16, the Federal Trade Commission (FTC) voted 4-0 to issue an Advance Notice of Proposed Rulemaking (ANPRM) to commence a rulemaking targeting rising business and government impersonation fraud. Critically, the...more

New at the FTC: Agency Forges Ahead Even As Supreme Court Curbs Authority

The Federal Trade Commission (FTC) has been in the headlines this month, following a significant U.S. Supreme Court decision that curbs its authority to seek monetary relief in federal court cases. However, this setback is...more

FTC Outlines Approach to Discrimination in AI and Foreshadows Potential Enforcement

A recent blog post from the Federal Trade Commission (FTC) provides direct guidance on the FTC’s approach to Artificial Intelligence (AI) bias and signals potential enforcement in this area. The post—entitled Aiming for...more

Supreme Court Curbs FTC Power to Seek Monetary Relief

In a unanimous decision on April 22, 2021, the U.S. Supreme Court significantly limited the ability of the Federal Trade Commission (FTC) to obtain monetary relief in federal court cases. In AMG Capital Management, LLC v....more

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