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Data Breach Data Security Unfair or Deceptive Trade Practices

Orrick, Herrington & Sutcliffe LLP

New York attorney general files complaint over insurance data breaches

On March 1, New York State Attorney General Letitia James filed a complaint in the Supreme Court of the State of New York against a group of insurance companies and a parent corporation. The complaint alleged these companies...more

Kohrman Jackson & Krantz LLP

Marriott Settles for $52M & Enhances Data Protections After Multi-State Investigations

Marriott has agreed to pay $52 million dollars and implement new consumer data protections to settle investigations by attorneys general from 49 states and the Federal Trade Commission, following data breaches that occurred...more

Robinson+Cole Data Privacy + Security Insider

FTC Takes Action Against GoDaddy for Alleged Lax Data Security

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

WilmerHale

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

WilmerHale on

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

Davis Wright Tremaine LLP

Litigation Preparedness Following a Data Breach: Three Tips to Consider During the Incident Response Period

Data breaches come in many different forms, sizes, and levels of complexity, but they tend to share certain key facts: A third-party bad actor—whether through a phishing attack, a ransomware attack, exploitation of a zero-day...more

Polsinelli

Regulatory Overreach/Litigation Remedies To Curtail Regulatory Excess by Federal Trade Commission

Polsinelli on

With the rise of large-scale, high-profile data breaches, the Federal Trade Commission has expressed its intent to hold companies accountable. (See “Consumer Financial Protection Circular 2022-04,” Consumer Financial...more

Goodwin

CFPB Issues Circular Confirming that Financial Companies May Violate Consumer Financial Protection Law by Failing to Protect...

Goodwin on

In August 2022, the Consumer Financial Protection Bureau (CFPB) published a circular confirming that, under certain circumstances, entities may “violate the prohibition on unfair acts or practices in the Consumer Financial...more

Ballard Spahr LLP

CFPB Warns Failure to Safeguard Consumer Data May Be Unfair Act or Practice

Ballard Spahr LLP on

On August 11, the CFPB published a circular confirming that covered persons and service providers under the Consumer Financial Protection Act (CFPA) may violate the CFPA’s prohibition against unfair acts or practices when...more

Wyrick Robbins Yates & Ponton LLP

Buyers Beware: the FTC’s Case Against CafePress Highlights Privacy and Data Security Risks in Corporate Transactions

Last week the Federal Trade Commission announced a privacy and data security enforcement action against the online retail platform CafePress. The allegations in the FTC’s complaint read like a list of worst practices,...more

WilmerHale

FTC Takes Action Against Online Merchandise Platform Over Data Breach & Privacy Practices

WilmerHale on

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

Wilson Sonsini Goodrich & Rosati

Spotlight on Antitrust: FTC Open Meeting Reflects Changing Tide

On July 1, the Federal Trade Commission (FTC) held its first open meeting in decades. At the meeting, the FTC adopted the four items on its agenda, all along partisan lines. The Commission rescinded the 2015 Statement of...more

Sunstein LLP

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

Sunstein LLP on

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

Wilson Sonsini Goodrich & Rosati

FTC Settles Data Security Case, Continuing Trend of Requiring Comprehensive Security Programs and Third-Party Assessments

On July 2, 2019, the Federal Trade Commission (FTC) announced a settlement with smart home products manufacturer, D-Link, regarding allegations that D-Link misrepresented the security of its wireless routers, modems, and...more

ArentFox Schiff

FTC Reminds Auto Dealer Vendor to Slow Down & Consider Security

ArentFox Schiff on

The Federal Trade Commission (FTC) recently released updated data security guidance in connection with a proposed settlement with LightYear Dealer Technologies, LLC (dba DealerBuilt), a service provider for the auto dealer...more

Fisher Phillips

Strict Privacy and Data Security Bill Introduced in North Carolina

Fisher Phillips on

Early last year, I posted about tougher, bi-partisan privacy and data security legislation in the works in North Carolina. North Carolina State Representative Jason Saine (R), Senior Appropriations Chair, teamed-up with North...more

Fenwick & West LLP

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

Fenwick & West LLP on

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

Womble Bond Dickinson

LabMD Ruling Heralds a New Era in Data Security Regulation

Womble Bond Dickinson on

Companies have a responsibility to protect the sensitive employee and consumer data they hold, but we do not know how much of their revenues must be spent on this effort before it is considered enough. We do not know what...more

Holland & Knight LLP

Food and Beverage Law Update: June 2018

Holland & Knight LLP on

Wage and Hour - Decision Upholds Class Action Waivers in Arbitration Clauses, Resolves Circuit Split - The U.S. Supreme Court issued a long-awaited decision in Epic Systems Corp. v. Lewis on May 21, 2018, holding that...more

Dechert LLP

Appellate Court Directs FTC to Be More Specific in its Data-Security Orders

Dechert LLP on

In a closely watched data-security case, the U.S. Court of Appeals for the Eleventh Circuit vacated as unenforceable a cease and desist order issued by the U.S. Federal Trade Commission (FTC) against LabMD, Inc. According to...more

Proskauer on Privacy

A Year in Review: FTC Data Privacy Actions and its Impacts on 2017 and Beyond

Proskauer on Privacy on

Whether it means taking a prominent role shaping data security for the Internet of Things, or addressing high profile breaches, the FTC has adopted an active position in policing data privacy and security. And, as data...more

Patterson Belknap Webb & Tyler LLP

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

Skadden, Arps, Slate, Meagher & Flom LLP

"Privacy & Cybersecurity Update - November 2016"

In this month's Privacy & Cybersecurity Update, we review an 11th Circuit case involving the longstanding battle between the FTC and medical company LabMD, recent NIST guidelines for securing devices connected to the...more

Moore & Van Allen PLLC

The FTC Faces an Embarrassing Set-Back in its Data Security Enforcement Authority as the LabMD Saga Continues

Moore & Van Allen PLLC on

On November 10th, the Eleventh Circuit Court of Appeals handed an embarrassing defeat to the Federal Trade Commission and an early Christmas present to LabMD, Inc. in the ongoing David and Goliath battle between the...more

Robinson+Cole Data Privacy + Security Insider

LabMD Seeks Stay of FTC’s Final Order Pending Appeal

Not surprisingly, on August 30, 2016, LabMD filed its Application for a Stay of the Final Order of the Federal Trade Commission (FTC) pending review of the order by the appellate court. But since the matter is still pending...more

Cozen O'Connor

FTC Overturns ALJ’s LabMD Decision and Reasserts its Role as a Data Security Enforcer

Cozen O'Connor on

On July 29, 2016, the Federal Trade Commission (“FTC” or “Commission”) reversed an FTC administrative law judge’s (“ALJ”) opinion which had ruled against the FTC, finding that the Commission had failed to show that LabMD’s...more

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