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Northern District of California Drops FTC Unfairness Claim Against D-Link Systems

The U.S. District Court for the Northern District of California recently issued a mixed ruling on D-Link Systems’ motion to dismiss in FTC v. D-Link Sys., Inc. D-Link sells routers and Internet protocol (IP) cameras that it...more

CFPB’s First No-Action Letter: FinTech Lenders and Banks Take Note

by Vedder Price on

On September 14, 2017, the Consumer Financial Protection Bureau (the “CFPB”) issued its first no-action letter (the “No-Action Letter”) concerning the operations of Upstart Network, Inc. (“Upstart”), a FinTech lender that...more

Privacy & Cybersecurity Update - July 2017

In this month's edition of our Privacy & Cybersecurity Update, we examine new privacy laws in Germany, an FTC settlement with an alleged consumer loan company over unfair and deceptive practices, the dismissal of a data...more

11th Circuit Hears Oral Argument in LabMD Case

Recently, the United States Court of Appeals for the Eleventh Circuit, sitting in Miami, heard oral argument in the case of LabMD, Inc. v. Federal Trade Commission, No. 16-16270. ...more

Blockchain Week in Review - April 2017 #1

by Perkins Coie on

Below is a summary of some of the significant legal and regulatory actions that occurred over the past week. This alert is not intended to be a comprehensive list of all such developments, but rather a selection of...more

LabMD’s 11th Circuit FTC Appeal: The Opening Shot

Firing the opening salvo in its appeal of one of the most controversial data security decisions by the U.S. Federal Trade Commission in years, LabMD accused the agency of overstepping its authority and “destroy[ing] [the]...more

New York A.G. Announces $100k Settlement Over Data Breach

by King & Spalding on

On August 5, New York Attorney General Eric T. Schneiderman announced a settlement with Provision Supply, LLC d/b/a EZcontactsUSA.com, imposing $100,000 in penalties and ongoing obligations to maintain certain security...more

Ninth Circuit Affirms Dismissal of Fraud-Based UCL Claims Based on Lack of Reliance

The Ninth Circuit Court of Appeals’ recent decision in Haskins v. Symantec Corp., Case No. 14-16141 (9th Cir. June 20, 2016), supports the requirement that plaintiffs must allege exposure to and reliance on specific...more

In re Nickelodeon Consumer Privacy Litigation: An IP Address is Not Always Personally Identifiable Information

What’s the Case About? In re Nickelodeon Consumer Privacy Litigation is a multi-district consolidated class action filed on behalf of children under the age of thirteen alleging that Viacom used child directed websites it...more

FTC Data Security Standards: Final Order in the ASUSTeK Case; No Mercy for LabMD

by Moore & Van Allen PLLC on

The Federal Trade Commission, continuing its quest to be the enforcer of consumer privacy rights, has come down hard this month on ASUSTeK and LabMD for their failure to have adequate data security standards. Because the FTC...more

CFPB’s First Data Security Action; Fines Online Platform Dwolla for Alleged Weak Security Practices

by Kelley Drye & Warren LLP on

On March 2, the CFPB settled its first data security enforcement action against Iowa-based Dwolla Inc. Launched as a startup in 2009, Dwolla is an online payment platform that enables customers to transfer money directly...more

Is the CFPB the New Cop on the Data Security Beat?

by Morrison & Foerster LLP on

On March 2, 2016, the Consumer Financial Protection Bureau (“CFPB”) broke new ground (at least for the CFPB) when it released a consent order against Dwolla, Inc. (“Dwolla”), an online payment platform, regarding data...more

FTC Announces Settlement with ASUS over Insecure Routers and Cloud Services

by Kelley Drye & Warren LLP on

Yesterday, the FTC announced that it had entered into a settlement agreement with Taiwan-based computer hardware manufacturer ASUSTeK Computer Inc., resolving allegations that the company failed to take reasonable steps to...more

Wyndham Settles with FTC

by Cozen O'Connor on

Last month, Wyndham Worldwide Corp. settled its lengthy civil case with the Federal Trade Commission. The suit began in 2012, when the FTC sued Wyndham and three of its subsidiaries, alleging three data breaches between 2008...more

FTC Closing Letter Provides Good Data Security Reminder

by Kelley Drye & Warren LLP on

Last week, the FTC sent a closing letter to Morgan Stanley Smith Barney LLC (“Morgan Stanley”) relating to the agency’s investigation over whether Morgan Stanley engaged in unfair or deceptive acts or practices by failing to...more

Should We Hack Back?

by McDermott Will & Emery on

“No,” says U.S. Assistant Attorney General Leslie R. Caldwell. At the most recent Cybersecurity Law Institute held at Georgetown University Law Center in late May, the head of the U.S. Department of Justice’s (DOJ) Criminal...more

CMS Fines Insurer for Misleading Medicare Part D Beneficiaries

by BakerHostetler on

The federal agency that oversees Medicare’s prescription drug program has alleged that a major U.S. insurance company misled beneficiaries about the pharmacies included in the company’s drug plan, and imposed a $1 million...more

Update on Google Unauthorized Children’s In-App Purchase Class Action: THE SHOW MUST GO ON!

U.S. District Court Judge Ronald M. Whyte has issued an order granting in part and denying in part Google’s Motion to Dismiss the class action filed against the Company on ­March 7 in the U.S. District Court for the Northern...more

FTC v. Jerk.com: Did the FTC’s “Jerk.com” Complaint Just Turn API Terms into Federal Law?

by Morrison & Foerster LLP on

The Federal Trade Commission’s announcement earlier this week that it had filed a complaint against Jerk, LLC and its websites like “jerk.com” (“Jerk”) looks at first glance like a run-of-the-mill FTC Section 5 enforcement...more

Recent Trends in Class Action and Aggregate Litigation in the Life Sciences Industry

by Morgan Lewis on

Introduction - For the last several years, the life sciences industry has been fertile ground for class action and aggregate litigation. Developments in this area have driven several trends, including state consumer...more

23andMe Named in Class Action Lawsuit

Things are getting worse for genetic diagnostics company 23andMe. On the heels of receiving a Warning Letter from the FDA over its Personal Genomic Services (PGS) test (see "FDA Threatens Agency Action Against 23andMe Over...more

Unique Privacy Concerns for Mobile Apps

by Fenwick & West LLP on

With the rise of BaaS (or Backend as a service) platforms, it is easier than ever to create a mobile app on the fly. But Fenwick privacy co-chair Tyler Newby advises that companies should be aware of some important privacy...more

Mobile Wallet Systems May Be a Boon for Sales, But What Are the Risks?

by Ali Law Practice LLC on

One trend is clear: more and more retailers are accepting payment through so-called "mobile wallets" in lieu of traditional plastic credit cards. Experts predict that in coming years, the local and global market for mobile...more

Court Shuts Down Construct Data Directory Scam

by Balough Law Offices, LLC on

A scam that induces businesses to pay for listing in a useless online marketing directory has been temporarily enjoined and the company’s United States assets frozen in a court action brought by the Federal Trade Commission...more

Buying Competitor's Names As Keywords Does Not Violate Wisconsin's Privacy Law

by Balough Law Offices, LLC on

A personal injury law firm can buy search terms using the names of a competing law firm’s partners without violating Wisconsin’s privacy laws because the use of the names is “non-visible,” an appellate court found. The...more

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