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Data Protection FTC Act Unfair or Deceptive Trade Practices

Foley & Lardner LLP

Office of the Comptroller of the Currency Updates “Unfair or Deceptive Acts or Practices and Unfair, Deceptive, or Abusive Acts or...

Foley & Lardner LLP on

Financial institutions that are regulated and supervised by the Office of the Comptroller of the Currency (OCC) should know that the OCC has recently updated its booklet on Unfair or Deceptive Acts or Practices (UDAP) and...more

Seyfarth Shaw LLP

Careful Data Governance Is a Must Amid Enforcement Focus

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Corporations face unprecedented challenges in safeguarding sensitive data and mitigating privacy risks in an era marked by the rapid proliferation of Internet of Things, or IoT, devices....more

Venable LLP

Data Restrictions in the 21st Century Peace through Strength Act

Venable LLP on

On April 20, 2024, the House of Representatives passed H.R.8038, the 21st Century Peace through Strength Act ("supplemental"), which includes a version of H.R.7520, the Protecting Americans' Data from Foreign Adversaries Act...more

Ballard Spahr LLP

FTC Warns That “Quietly Changing” Privacy Policies May Be an Unfair or Deceptive Practice

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The FTC published guidance warning companies that “[i]t may be unfair or deceptive for a company to adopt more permissive data practices—for example, to start sharing consumers’ data with third parties or using that data for...more

Quarles & Brady LLP

Privacy Priorities for 2024 (and Beyond)

Quarles & Brady LLP on

The upcoming year will continue to hold challenges for data privacy programs. The Quarles Privacy Week 2024 programming from this week has provided an overview of the upcoming issues and challenges that are on the horizon....more

Wyrick Robbins Yates & Ponton LLP

The Next Post They Write Might Be About You: The FTC’s Business Blog Calls Out Health Data Practices That Can Violate Section 5

In another example of the agency’s practice of regulation by blog, the FTC published last week a Business Blog Post about protecting consumer health information. The post, which summarizes key points from several recent...more

Woods Rogers

FTC Opens Consumer Protection Investigation of OpenAI, Creator of ChatGPT

Woods Rogers on

The Investigation - The Federal Trade Commission (FTC) recently opened an investigation into OpenAI, creator of ChatGPT, to determine whether the artificial intelligence company violated consumer protections laws. According...more

WilmerHale

FTC Announces Enforcement Action Against 1Health.io for Inadequate Protection of Genetic Data and Unfair Privacy Policy Changes

WilmerHale on

On June 16, the Federal Trade Commission (FTC) announced an enforcement action against 1Health.io Inc. (“1Health,” also known as Vitagene, Inc.), a genetic testing company that analyzes consumer-provided DNA samples and uses...more

Perkins Coie

FTC Issues Policy Statement Regarding Biometric Information

Perkins Coie on

The Federal Trade Commission (FTC) issued a policy statement on May 18, 2023, addressing concerns relating to the collection and use of biometric information. The Biometrics Policy Statement, which the FTC’s Commissioners...more

WilmerHale

FTC Signals Increased Scrutiny of Biometric Technologies

WilmerHale on

On May 18, the Federal Trade Commission (FTC) issued a policy statement warning about the increased use of consumers’ biometric information and related marketing of technologies that use biometric information. The agency...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

Ballard Spahr LLP

FTC Workshop Signals Increased Regulatory Focus on Dark Patterns

Ballard Spahr LLP on

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

Rothwell, Figg, Ernst & Manbeck, P.C.

FTC Settles with Zoom Over Subpar Security and Misleading Data Privacy Practices

Earlier this week, the Federal Trade Commission (FTC) announced a settlement with Zoom that will require the company to enhance its data security practices to address allegations that the videoconferencing provider engaged in...more

Ballard Spahr LLP

Facebook to Pay $5 Billion for Violating 2012 FTC Consent Order

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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

Moore & Van Allen PLLC

Two Proposed Data Security Laws Reflect National Trend Toward Affirmative Responsibilities

With major consumer data breaches making headlines on a semi-regular basis, legislators around the country are starting to hold businesses more accountable for cybersecurity compliance. Industry-specific laws such as HIPAA...more

Patterson Belknap Webb & Tyler LLP

California Court Weighs in on the FTC’s Data Security Enforcement Authority

This week, a District Court in Northern California weighed in on the U.S. Federal Trade Commission’s (FTC) authority to protect consumers from “unfair” and “deceptive” data security practices. The decision, which granted in...more

Kelley Drye & Warren LLP

FTC Settles With Lead Generation Firm For Illegally Selling Consumer Data, False Data Security Promises

The FTC announced last week a settlement with Blue Global Media, LLC and its CEO Christopher Kay. The company operated 38 Internet domains that solicited online loan applications from consumers. The applications collected...more

Lowndes

A Primer On FTC Cybersecurity Enforcement

Lowndes on

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

Kelley Drye & Warren LLP

FTC Files Lawsuit Against Taiwanese Manufacturer for Alleged Lax Security in Wireless Routers and Cameras and Related Marketing...

The Federal Trade Commission has filed a lawsuit in federal court claiming that a networking equipment manufacturer engaged in unfair and deceptive acts, exposing thousands of consumers to the risk of cyberattack from...more

Perkins Coie

Top 10 Litigation Risks and Trends for Retailers

Perkins Coie on

With the 2016 holiday shopping season in full swing, the risk of litigation heightens for retailers. We created our own version of a “holiday list” to identify the top-10 risk areas where retailers may be vulnerable to claims...more

Patterson Belknap Webb & Tyler LLP

Hints of a Narrowing of the FTC’s Section 5 Authority Under a Trump Presidency

The transition of power from President Barack Obama to President-Elect Donald Trump is underway. Although President-Elect Trump did not lay out specific policy prescriptions about data privacy or consumer protection during...more

Akin Gump Strauss Hauer & Feld LLP

FTC Suffers a Setback in its Quest to Challenge Lax Corporate Cybersecurity Practices: ALJ Dismisses FTC’s LabMD Complaint

On November 13, 2015, Federal Trade Commission (FTC) Chief Administrative Law Judge Michael Chappell dismissed a suit brought by the FTC alleging that LabMD’s failure to implement reasonable and appropriate data security...more

Morrison & Foerster LLP - Social Media

Socially Aware: The Social Media Law Update Volume 6, Issue 4

Five social media law issues to discuss with your clients - The explosive growth of social media has clients facing legal questions that didn’t even exist a few short years ago. Helping your clients navigate this...more

Nossaman LLP

It’s Official: FTC Has the Authority to Police Cybersecurity

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In a resounding win for the Federal Trade Commission (“FTC”), the Third Circuit unanimously affirmed the FTC’s power to regulate cybersecurity under the unfairness prong of the FTC Act (15 U.S.C. §45). FTC v. Wyndham, Case,...more

Fenwick & West LLP

Litigation Alert: Third Circuit Permits Federal Trade Commission to Bring Unfair Practice Claim Based on Cybersecurity Practices

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In a closely-watched cybersecurity case, a three-judge panel of the U.S. Court of Appeals for the Third Circuit held in Federal Trade Commission v. Wyndham Worldwide Corporation (No. 14-3514) that the Federal Trade Commission...more

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