News & Analysis as of May 12, 2025

Unfair or Deceptive Trade Practices

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Follow this channel for advisories on one of the biggest threats to businesses today. Read a morning brief of fresh guidance and commentary by leading lawyers on security, privacy, risk... more +

Follow this channel for advisories on one of the biggest threats to businesses today. Read a morning brief of fresh guidance and commentary by leading lawyers on security, privacy, risk management, global regulations, data protection, leaks, hacking, cyber insurance, compliance, HIPAA, and every other aspect of cybersecurity of import to corporate readers right now. less -

FTC Takes Action Against GoDaddy for Alleged Lax Data Security

Robinson+Cole Data Privacy + Security Insider on 1/24/2025

The Federal Trade Commission (FTC) issued a proposed settlement order against GoDaddy alleging that it “has failed to implement reasonable and appropriate security measures to protect and monitor its website-hosting...more

FTC Announces Proposed Settlement with GoDaddy Incorporating Prescriptive Cybersecurity Requirements

Alston & Bird on 1/22/2025

On January 15, 2025, the Federal Trade Commission (FTC) announced a proposed settlement with GoDaddy Inc. (GoDaddy) for making false or misleading representations about their security practices in violation of Section 5 of...more

Troutman Pepper Locke Weekly Consumer Financial Services Newsletter – January 2025

Troutman Pepper Locke on 1/8/2025

To keep you informed of recent activities, below are several of the most significant federal and state events that have influenced the Consumer Financial Services industry over the past week....more

State AG Pulse | Never Say Never to Federal Privacy Legislation

Cozen O'Connor on 5/28/2024

A growing patchwork of state privacy laws has created headaches for businesses and put increasing pressure on Congress to respond. In episode 6 of State AG Pulse, season 4, Meghan Stoppel and Keturah Taylor, in collaboration...more

FTC Announces Enforcement Action Against Global Tel*Link Corporation for Unfair Data Security Practices and Inadequate Data Breach...

WilmerHale on 12/8/2023

On November 16, the Federal Trade Commission (FTC) announced an enforcement action against Global Tel*Link Corporation and two of its subsidiaries (collectively, “GTL”), which provide communications and payment services to...more

FTC testifies on privacy efforts

Orrick, Herrington & Sutcliffe LLP on 4/24/2023

On April 18, FTC Chair Lina M. Khan and Commissioners Rebecca Slaughter and Alvaro Bedoya testified before the House Energy and Commerce Subcommittee on Innovation, Data, and Commerce on the agency’s efforts to protect...more

Part 1: Privacy in 2023 – What to Expect and How to Prepare

NAVEX on 3/1/2023

Privacy law compliance in the United States today demands resilience, flexibility, and responsiveness. To date, the U.S. Congress has failed to enact broadly applicable privacy standards to govern companies uniformly...more

Not What the Doctor Ordered: GoodRx to Pay $1.5 Million in FTC’s First Enforcement of the Health Breach Notification Rule

Wyrick Robbins Yates & Ponton LLP on 2/15/2023

The Federal Trade Commission earlier this month undertook an enforcement action against online pharmacy and telehealth provider GoodRx, in the latest example of the agency seriously pursuing its role as the nation’s de facto...more

All Consuming - Financial Litigation Insights, Issue 10, 2022

Spilman Thomas & Battle, PLLC on 12/7/2022

A recent survey by PricewaterhouseCoopers revealed that U.S. executives now consider cyberattacks the number one risk their companies face. Concerns about cybersecurity have moved beyond the Chief Information Security Office...more

FTC Workshop: “Bringing Dark Patterns to Light”

Proskauer - Advertising Law on 5/6/2021

The FTC recently held a workshop titled “Bringing Dark Patterns to Light,” a recording of which can be found at the following link. The workshop centered around exploring the effects of digital “dark patterns” on consumers...more

Twenty Years Under the Microscope: A Small Business, a Data Breach and the FTC

Sunstein LLP on 8/30/2019

James Grago has a nice business going. He runs a website called ClixSense.com that permits users to earn money by completing surveys and watching advertisements. Revenues grew from $6.7 million in 2015 to $9.1 million in...more

Privacy Shield: If You Got It – Flaunt It; If Not – Don’t

Womble Bond Dickinson on 6/20/2019

One of the EU’s chief complaints against US privacy practices is the lack of enforcement of the EU-U.S. Privacy Shield Framework (Privacy Shield). Last week we saw a US enforcement action that may allay this concern. The US...more

The Phantom Menace: Office Depot Settles with FTC Over Fake Virus Scans

Mintz - Privacy & Cybersecurity Viewpoints on 4/15/2019

Office Depot and its tech support provider, Support.com, proved to be anything but “supportive” after allegedly providing false malware scan results and conning customers into paying for repairs and technical services that,...more

The Anatomy of an FTC Data Security Lawsuit

Snell & Wilmer on 3/26/2019

The Federal Trade Commission (“FTC”) has described itself as “Your cop on the privacy beat” and a top federal regulator of consumer-facing data security practices. An example of how the FTC asserts itself when it comes to...more

Takeaways From the 11th Circuit’s Reversal of the FTC’s Data Security Order Against LabMD

Fenwick & West LLP on 7/5/2018

The U.S. Court of Appeals for the Eleventh Circuit on June 6 issued its long-awaited decision in LabMD v. Federal Trade Commission, vacating a Federal Trade Commission cease and desist order directing LabMD to overhaul its...more

Data Security Update: 11th Circuit Vacates FTC Order Against LabMD

Snell & Wilmer on 6/27/2018

Earlier this month, in a much anticipated decision, the 11th U.S. Circuit Court of Appeals vacated the Federal Trade Commission’s (FTC) cease and desist order against LabMD, Inc. The 11th Circuit concluded that the FTC’s...more

FTC’s Loss in the Eleventh Circuit Will Not Impede Data Security Enforcement

McGuireWoods LLP on 6/8/2018

In the matter of LabMD Inc. v. Federal Trade Commission, case number 16-16270, the U.S. Court of Appeals for the Eleventh Circuit ruled against the FTC, finding that the order against LabMD for lax data security measures was...more

Five Privacy Practices Every Company Should Address in the Wake of the FTC’s Enforcement Action against PayPal

Bradley Arant Boult Cummings LLP on 3/7/2018

Privacy is serious business. This was made clear in the Federal Trade Commission’s (FTC) recent announcement that it had settled its complaint against Venmo, PayPal’s peer-to-peer payment service, for misrepresentations to...more

To Disclose or Not To Disclose: The FTC’s Dueling Concurrences over Deceptive Omissions in Lenovo

Wilson Sonsini Goodrich & Rosati on 11/21/2017

On September 5, 2017, the Federal Trade Commission (FTC) announced that it and 32 state attorneys general had settled charges with Lenovo, Inc., regarding the company’s practice of pre-loading advertising software on its...more

FTC Chronicle: “Lessons Learned” from the Agency’s Data Breach Investigations

Patterson Belknap Webb & Tyler LLP on 7/24/2017

The Federal Trade Commission (FTC) – often criticized for not providing clear guidance as to what the agency considers reasonable data security – announced on Friday that it would publish a weekly blog discussing “lessons...more

A Primer On FTC Cybersecurity Enforcement

Lowndes on 3/2/2017

According to the Breach Level Index, the total number of data records lost or stolen in just the first half of 2016 was 554,454,942, stemming from 974 breach incidents. In the entire year of 2015, there were 707.5 million...more

Learning from Venmo’s Compliance Issues: How to Avoid Inadequate Privacy Disclosures

Carlton Fields on 7/21/2016

PayPal, the company responsible for the popular mobile payments app, Venmo, recently agreed to voluntarily bolster its privacy and security disclosures—and pay a $175,000 penalty—in response to an enforcement action brought...more

Cybersecurity and Data Privacy: CFPB Takes Unprecedented Action Against Company (3/16)

Bond Schoeneck & King PLLC on 3/8/2016

A new regulatory authority has entered the field of data security: the relatively new Consumer Financial Protection Board (CFPB). On March 2, the CFPB announced that it had reached a consent order with an Iowa-based company...more

CFPB Announces First Ever Data Security Enforcement Action

Stinson - Corporate & Securities Law Blog on 3/4/2016

On March 2, 2016, the Consumer Financial Protection Bureau (CFPB) announced its first data security related enforcement action against online payment systems company Dwolla, Inc. ...more

In Cybersecurity, No Harm Does Not Necessarily Mean No Foul

Foley Hoag LLP - Security, Privacy and the... on 2/18/2016

How much does the question of harm matter in cybersecurity law? The answer is: It depends on who is bringing the claim. Businesses confronting data breaches can face litigation from private consumers as well as from...more

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