On October 27, the Federal Trade Commission (“FTC”) unanimously voted to amend the Safeguards Rule to require non-banking financial institutions to report data breaches and security events to the Agency. This amendment will...more
The FTC recently reported that over $650 mm worth of cryptocurrency was stolen by hackers last year. Thus far, over $320 mm in cryptocurrency has been stolen by hackers this year. Not surprisingly, this surge in crypto...more
The Federal Trade Commission (FTC) recently issued a blog post stating that a failure to disclose a data breach may be a violation of Section 5 of the FTC Act. The May 20 blog post, titled Security Beyond Prevention: The...more
The Federal Trade Commission (FTC) recently issued a blog post stating that a failure to disclose a data breach may be a violation of Section 5 of the FTC Act. The May 20 blog post, titled Security Beyond Prevention: The...more
In a series of recent statements and releases, Lina Khan, the Chair of the FTC, made clear the Commission’s intention to revamp its oversight of consumer data privacy and establish more substantive limits on commercial data...more
2021 proved to be a momentous year for privacy and data security law. The scourge of ransomware continued last year, leading to record-setting ransomware payments, a muscular response from the federal government, a hardening...more
On October 27, the Federal Trade Commission (FTC) announced a final rule (Final Rule) and supplemental notice of proposed rulemaking (NPRM) to amend the Safeguards Rule promulgated under the Gramm-Leach-Bliley Act (GLBA),...more
On September 15, 2021, the Federal Trade Commission (“FTC”) issued a policy statement affirming the applicability of its Health Breach Notification Rule (the “Rule”), 16 CFR Part 318, to health apps and connected devices that...more
On April 29, 2021, the Federal Trade Commission (FTC) hosted a virtual workshop, entitled “Bringing Dark Patterns to Light,” to examine “dark patterns.” In her opening remarks, Acting FTC Chairwoman Rebecca Kelly Slaughter...more
Earlier this month, the Federal Trade Commission (FTC) announced a $10 million settlement with the online learning company ABCmouse for allegedly violating the FTC Act as well as the Restore Online Shoppers’ Confidence Act...more
The widespread use of social media platforms make them ideal for companies trying to reach a large audience. Pharmaceutical and consumer products industries frequently maintain their own social media accounts and partner with...more
3/5/2020
/ Advertising ,
Brand ,
Celebrity Endorsements ,
Comment Period ,
Corporate Counsel ,
Disclosure Requirements ,
Endorsements ,
Federal Trade Commission (FTC) ,
FTC Act ,
FTC Endorsement Guidelines ,
Influencers ,
Marketing ,
Online Advertisements ,
Online Endorsements ,
Patients ,
Pharmaceutical Industry ,
Physicians ,
Regulatory Requirements ,
Social Media ,
Websites
Over the past several years, state legislatures have become more aggressive in passing laws to protect consumers’ digital rights. The promulgation of state data security and privacy laws, such as the California Consumer...more
Just two days after the Federal Trade Commission (“FTC”) announced a historic settlement of privacy and security claims against Equifax, the FTC today announced that Facebook has agreed to pay $5 billion in civil fines,...more
7/25/2019
/ Cambridge Analytica ,
Consent Order ,
Corporate Structures ,
Data Management ,
Data Privacy ,
Data Protection ,
Facebook ,
Federal Trade Commission (FTC) ,
FTC Act ,
Online Advertisements ,
Personal Data ,
Settlement Agreements ,
Social Media ,
Unfair or Deceptive Trade Practices
Equifax has agreed to pay $575 million to settle consumer as well as state and federal regulatory claims for its 2017 data breach. This is the largest data breach settlement to date. ...more
7/23/2019
/ Consumer Financial Protection Bureau (CFPB) ,
Credit Monitoring ,
Credit Reporting Agencies ,
Cyber Attacks ,
Data Breach ,
Enforcement Actions ,
Equifax ,
Federal Trade Commission (FTC) ,
Financial Services Industry ,
Hackers ,
Identity Theft ,
Personal Data ,
Personally Identifiable Information ,
Popular ,
Qualified Settlement Funds ,
Settlement Agreements ,
Vulnerability Assessments
The FTC has proposed amendments to its 2003 Safeguards Rule and 2000 Privacy Rule, applicable to financial institutions under the Gramm Leach Bliley Act (GLBA). The proposed changes are informed by the FTC’s enforcement...more
The FTC has proposed amendments to its 2003 Safeguards Rule and the 2000 Privacy Rule, applicable to financial institutions under the Gramm Leach Bliley Act (GLBA). ...more
3/8/2019
/ Banking Sector ,
Cyber Crimes ,
Cybersecurity ,
Data Breach ,
Data Security ,
Federal Trade Commission (FTC) ,
Financial Institutions ,
Gramm-Leach-Blilely Act ,
Personally Identifiable Information ,
Privacy Rule ,
Proposed Amendments ,
Rulemaking Process ,
Safeguards Rule
The Equifax and Facebook-Cambridge Analytica scandals, coupled with the proliferation of state privacy and security laws such as the California Consumer Privacy Act (CCPA)—as well as proposed laws in Washington and...more
On March 6, 2018, the FTC hosted a live Twitter chat to mark the twentieth anniversary of the Children’s Online Privacy Protection Act (COPPA)....more
Influencer marketing is the popular practice of using individuals with large social media audiences—known as "influencers"—to advertise products and services through their social media accounts....more
10/4/2017
/ Advertising ,
Brand ,
Celebrity Endorsements ,
Disclosure Requirements ,
Endorsements ,
Facebook ,
Federal Trade Commission (FTC) ,
FTC Endorsement Guidelines ,
Influencers ,
Instagram ,
Marketing ,
Misrepresentation ,
Online Endorsements ,
Snapchat ,
Social Media ,
Twitter ,
Websites ,
YouTube
There are several key takeaways from a 20-year proposed consent order agreed to by Uber Technologies, Inc. (Uber) and the Federal Trade Commission (FTC)...more
8/21/2017
/ Antitrust Provisions ,
Antitrust Violations ,
Cloud Storage ,
Corporate Counsel ,
Customer Privacy ,
Data Privacy ,
Data Security ,
Federal Trade Commission (FTC) ,
Personally Identifiable Information ,
Sharing Economy ,
Uber
In its latest effort to address security concerns about Internet of Things (IoT) devices, the Federal Trade Commission (FTC) has submitted public comments to the National Telecommunications and Information Administration's...more
If you or your third-party providers are engaged in cross-device tracking, you must adequately disclose the practice to your end users, provide them control over their information, and exercise care when collecting sensitive...more
1/26/2017
/ Advertising ,
Data Collection ,
Disclosure Requirements ,
Federal Trade Commission (FTC) ,
FTC Act ,
Marketing ,
Mobile Devices ,
Section 5 ,
Technology ,
Tracking Systems ,
Transparency ,
Web Tracking
The Federal Trade Commission (FTC) has entered into a multimillion dollar settlement with the owners and operators of AshleyMadison.com, a dating website for people interested in having discreet affairs, related to the...more
12/16/2016
/ Adultery ,
Ashley Madison ,
Cyber Attacks ,
Cyber Crimes ,
Cybersecurity ,
Data Breach ,
Data Security ,
Dating Services ,
Federal Trade Commission (FTC) ,
Fines ,
Hackers ,
Internet ,
Marriage ,
Misrepresentation ,
Online Platforms ,
Personally Identifiable Information ,
Popular ,
Settlement ,
Spouses ,
Website Owner Liability ,
Websites
A goal of providing effective disclosures to consumers is to allow consumers to make informed decisions. But what must be done to make disclosures effective? This was the question the Federal Trade Commission (FTC) explored...more
9/27/2016
/ Advertising ,
Banking Sector ,
Consumer Financial Products ,
Consumer Financial Protection Bureau (CFPB) ,
Disclosure Requirements ,
Federal Trade Commission (FTC) ,
Financial Institutions ,
Mobile Apps ,
Mobile Devices ,
Native Advertising ,
Popular ,
Social Media ,
Social Networks ,
Tracking Systems ,
Video Games ,
Warner Brothers Entertainment
The Federal Trade Commission (FTC) has issued an Opinion and Final Order finding that the data security practices of LabMD, Inc. were unreasonable, and therefore constituted an unfair act or practice in violation of Section 5...more
8/15/2016
/ Administrative Law Judge (ALJ) ,
Data Breach ,
Data Security ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
File Sharing ,
FTC Act ,
Health Insurance Portability and Accountability Act (HIPAA) ,
LabMD ,
Likelihood of Harm ,
p2p ,
Popular ,
Section 5