As we have previously noted, the Commodity Futures Trading Commission (CFTC) continues to face legal challenges to its regulatory approach to political event contracts. The past two weeks have seen a flurry of activity in the...more
On February 15, 2024, the Federal Trade Commission (FTC) finalized its Government and Business Impersonation Rule (the Impersonation Rule, available here) prohibiting fraudulent impersonation of governments, businesses and...more
2/26/2024
/ Artificial Intelligence ,
Deep Fake ,
Federal Trade Commission (FTC) ,
Final Rules ,
Fraud ,
FTC Act ,
Government Entities ,
Money Transfer ,
Online Platforms ,
Proposed Amendments ,
SNPRM ,
Telemarketing ,
Telemarketing Sales Rule ,
Third-Party Liability ,
Unfair or Deceptive Trade Practices
On October 27, 2023, the Federal Trade FTC (FTC) approved amendments to its version of the Standards for Safeguarding Customer Information Rule (the Safeguards Rule) to require non-banking financial institutions regulated by...more
The Massachusetts Gaming Commission recently approved regulations to ensure data privacy and security for sports betters in the Commonwealth. On August 8, 2023, the commissioners approved 205 CMR 257, Sports Wagering Data...more
The Federal Trade Commission (FTC) in recent years has made clear its intention to adopt a more aggressive enforcement posture toward so-called dark patterns. The FTC defines unlawful dark patterns to include any online...more
The Biden Administration announced a crackdown on “junk fees” on October 26, led by the Consumer Financial Protection Bureau (CFPB) and the Federal Trade Commission (FTC), with the goal of “saving Americans, collectively,...more
On October 20, 2022, the Federal Trade Commission (“FTC”) voted 3-1 at an Open Commission meeting to issue an Advanced Notice of Proposed Rulemaking (“ANPR”) on the Use of Reviews and Endorsements....more
11/9/2022
/ Advanced Notice of Proposed Rulemaking (ANPRM) ,
Advertising ,
Endorsements ,
Fake Reviews ,
Federal Trade Commission (FTC) ,
FTC Act ,
FTC Endorsement Guidelines ,
Marketing ,
Online Endorsements ,
Online Reviews ,
Unfair or Deceptive Trade Practices
On May 24, 2022, the Federal Trade Commission (FTC) released a new publication aimed at offering financial institutions and their service providers guidance on the FTC’s recently revised Safeguards Rule under the...more
On Wednesday, May 11, after a lengthy delay, the US Senate voted 51-50 to confirm Alvaro M. Bedoya as a Commissioner of the Federal Trade Commission (“FTC” or “Commission”), and he was sworn in on May 16. Bedoya fills the...more
In the latest of a flurry of FTC actions, the agency recently announced that it had entered into a consent order with CafePress, an online customized merchandise platform, over allegations that it failed to secure consumers’...more
3/22/2022
/ Cyber Attacks ,
Cybersecurity ,
Data Breach ,
Data Protection ,
Data Security ,
Federal Trade Commission (FTC) ,
FTC Act ,
NIST ,
Personal Information ,
Popular ,
Unfair or Deceptive Trade Practices
The Federal Trade Commission (FTC) reached a settlement with WW International Inc., formerly known as Weight Watchers (WW), over allegations that the company collected children’s information without parental consent in...more
On November 23, 2021, the US District Court for the District of Columbia invalidated a 2021 gaming compact between the Seminole Tribe of Florida and the State of Florida, which permitted mobile sports wagering throughout the...more
12/2/2021
/ Casinos ,
Contract Termination ,
Department of the Interior ,
Equal Protection ,
Indian Gaming ,
Indian Gaming Regulation Act ,
Native American Issues ,
No-Action Letters ,
Secretary of the Interior ,
Sports Betting ,
Tribal Lands ,
Tribal-State Gaming Compacts ,
Unlawful Internet Gambling Enforcement Act (UIGEA) ,
Wire Act
On October 27, 2021, the Federal Trade Commission (FTC) announced a newly updated rule under the Gramm-Leach-Bliley Act (GLBA) intended to require financial institutions to strengthen their data security safeguards to protect...more
11/1/2021
/ Cybersecurity ,
Data Protection ,
Federal Trade Commission (FTC) ,
Final Rules ,
Financial Institutions ,
Financial Services Industry ,
Gramm-Leach-Blilely Act ,
Personal Information ,
Risk Assessment ,
Safeguards Rule ,
Security Risk Assessments ,
Third-Party Service Provider
On June 7, 2021, the Federal Trade Commission (FTC) announced a settlement with MoviePass relating to allegations that MoviePass and its executives took steps to block subscribers from using the service as advertised, and...more
On Wednesday, May 12, 2021, President Biden issued an ambitious and sweeping Executive Order focused on combating digital threats to US networks and infrastructure. The Executive Order on Improving the Nation’s Cybersecurity...more
5/17/2021
/ Biden Administration ,
Critical Infrastructure Sectors ,
Cybersecurity ,
Cybersecurity Information Sharing Act (CISA) ,
Department of Homeland Security (DHS) ,
Executive Orders ,
Federal Contractors ,
Information Technology ,
National Security ,
NIST ,
OMB ,
Supply Chain
Last Friday - on March 25, 2021 - Acting FTC Chairwoman Rebecca Kelly Slaughter announced the creation of a new rulemaking group within the FTC’s Office of the General Counsel. With this group, the FTC is poised to create new...more
On December 17, 2020, the Office of the Comptroller of the Currency, Treasury (OCC); the Federal Reserve; and the Federal Deposit Insurance Corporation (FDIC) issued a Notice of Proposed Rulemaking that would require...more
12/22/2020
/ Bank Secrecy Act ,
Banking Regulators ,
Banks ,
Cyber Attacks ,
Cyber Crimes ,
Cybersecurity ,
Financial Institutions ,
GLBA Privacy ,
NPRM ,
Popular ,
Reporting Requirements ,
Suspicious Activity Reports (SARs)
The U.S. Supreme Court has agreed to wade into the Telephone Consumer Protection Act (“TCPA”) fray again - this time over what qualifies as an autodialer under the TCPA. On July 9, 2020, the Supreme Court granted writ of...more
On June 1st, the California Attorney General (“California AG”) submitted final regulations under the California Consumer Privacy Act (“CCPA”) to California’s Office of Administrative Law (“OAL”) for approval, along with an...more