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Prize-Linked Savings Laws Spread Across States

With Americans’ saving habits in the news as the federal government considers caps on retirement contributions, financial institutions should be aware that many states are passing laws making it easier to incentivize...more

President Trump Nominates Joseph Simons to Lead FTC

On October 19, President Trump formally announced his nomination of Joseph Simons to serve as Federal Trade Commission Chair for a seven-year term. Simons would assume the chairmanship of the agency in lieu of Acting Chair...more

227k Consumers to Receive Refund Checks from Dietary Supplement Company Settlement

Roughly 227,000 consumers will receive an average of $43 each in an effort by the Federal Trade Commission (FTC) to send refunds to purchasers of dietary supplement products sold by Health Formulas LLC. The $9.8 million...more

From the Server Room to the Board Room: D&O and Cybersecurity Emerging Trends

With breaches of nearly 150 million Americans’ personal information flooding the news the last few weeks, followed by the filing of more than 50 class action lawsuits to date, and the announcement of an FTC investigation,...more

FTC Makes New Strides in Social Media Influencer Space with Settlement, Warnings, and Guidance

This month, online gaming social media influencers Trevor Martin and Thomas Cassell settled the Federal Trade Commission’s first charges against individual failure to disclose material information in social media...more

IBA Self-Regulatory Principles at Center of BBB Decision

Two digital advertising companies are the targets of a recent Better Business Bureau effort to enforce the industry’s self-regulatory principles. The interest-based advertising rules of the road require third parties to...more

Better Business Bureau Enforces IBA Self-Regulatory Principles

The Better Business Bureau’s Online Interest-Based Advertising Accountability Program has cracked down on two digital advertising companies for allegedly violating the industry’s self-regulatory principles concerning...more

FTC Submits Comments on Security Support for IoT Devices

The Federal Trade Commission in June submitted comments to the working group convened by the U.S. Department of Commerce’s National Telecommunications and Information Administration (NTIA), which is studying the security of...more

Compliance with COPPA: So Easy, Even a Kid Can Do It

The Federal Trade Commission has published a new guide that seeks to make compliance with the Children’s Online Privacy Protection Act (COPPA) as easy as 1, 2, 3, 4, 5, 6. Drawing from its detailed FAQs, the FTC has developed...more

Customers Sue Darden Restaurants Over Information on Receipts

A class action lawsuit was recently filed against Darden Restaurants, Inc. (“Darden”), alleging that Darden violated the Fair and Accurate Credit Transactions Act (“FACTA”). Specifically, the plaintiffs alleged that...more

New State Blockchain Legislation

A number of states have jumped into the FinTech fray by enacting legislation or issuing guidance regarding new technologies and digital currencies. The latest of these technology-forward states is Nevada. Following the...more

Kardashian Sisters Embroiled in Trademark Fight Over Makeup Line

An attorney for a cosmetics company engaged in an ongoing legal battle with the Kardashian sisters argued earlier this month that the sisters have “unclean hands” and there should not be a preliminary injunction against the...more

Hotels Shake Off Vicarious Liability Claim In TCPA Suit

Plaintiffs attempting to hold hotels vicariously liable for telemarketing calls placed by another company selling timeshares have failed in their efforts. VIP Travel Services and United Shuttle Alliance Transportation...more

Ransomware in the Spotlight with Recent Attacks

This month’s WannaCry ransomware attack is the latest example of how these targeted attacks can cripple operating systems, with the bitcoin payments the price for alleged relief. In the attack, the WannaCry ransomware...more

Health Care Providers Pay $1.35 Million in TCPA Fax Settlement

Although the spotlight is usually on unwanted phone calls and text messages when it comes to class actions under the Telephone Consumer Protection Act (TCPA), a recent settlement over the sending of faxes is a reminder to...more

Proposed Class Action Targets Advertising to Drivers Using DMV Info

A class action filed this month alleges that car warranty company NRRM LLC used information obtained from Department of Motor Vehicles (“DMV”) records to market to consumers in violation of the Driver’s Privacy Protection Act...more

5/16/2017  /  Advertising , Class Action , DMV , DPPA

Data Privacy and Security Legal Reform, and Plaintiffs’ Bar White Paper the Focus of IAPP Panel

A panel on legal reform in the area of privacy and data security at this week’s IAPP Summit provided an opportunity for a discussion between businesses and regulators, as well as for the launch of a white paper on the...more

State Attorneys General Gather to Discuss Privacy Enforcement

A panel at a meeting of the National Association of Attorneys General highlighted data breaches and privacy in the context of new technology, signalling that state regulators are focused on consumer protection in this...more

Diet-Pill Marketers Settle With FTC Over Email Marketing and Weight Loss Claims

Colby Fox and his companies Tachht, Inc. and Teqqi, LLC recently settled a case with the Federal Trade Commission over an email marketing scheme and claims regarding the companies’ diet pills. According to the FTC, which...more

4/4/2017  /  Email , FTC , Marketing , Settlement , Spam

Upromise Penalized for Violating FTC Privacy Order Over Rewards Program

Upromise found itself in front of the Federal Trade Commission answering very tough questions earlier this month. The inquiry was related to a 2012 order requiring that Upromise include disclosures about data collection...more

Vizio Settlement with FTC May Signal Future Direction of Agency Enforcement

The Federal Trade Commission’s recent settlement with VIZIO, Inc., may have created a new definition of “sensitive information” that includes viewing data, but the opinion of Acting Chairperson Maureen Ohlhausen may provide...more

FTC Settlement Applies “Made in the USA” Standard to “Built in the USA” Claims

Continuing its focus on “Made in the USA” claims, the Federal Trade Commission (“FTC” or “Commission”), on February 1, applied its standard for those claims to “Built in the USA” claims by entering into a settlement with...more

Cause of Action Joins Defense of Electronics Maker in FTC Privacy Suit

The advocacy group Cause of Action has stepped in to help defend electronics maker D-Link in a suit brought by the Federal Trade Commission over the company’s purportedly insufficient protection of customers’...more

1/24/2017  /  Cybersecurity , Data Security , FTC

Herbalife Settles Multi-level Marketing Scheme for $200 Million

Almost 350,000 people who helped run Herbalife businesses are receiving checks from the Federal Trade Commission to compensate them for money lost due to the company’s deceptive earnings claims. Specifically, Herbalife was...more

1/19/2017  /  Enforcement Actions , FTC , FTC Act , MLM

States Act to Regulate Fantasy Sports

In attempts to lessen the uncertainty that still surrounds the legality of fantasy sports, Maryland and Florida introduced measures to clarify the rules of the road for the likes of DraftKings Inc. and FanDuel Inc. Maryland’s...more

1/12/2017  /  DraftKings , FanDuel , Fantasy Sports , Gambling
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