News & Analysis as of

Data Protection Unfair or Deceptive Trade Practices

Proskauer on Privacy

My Health, My Dollar: Amazon’s Health Data Troubles in Washington

Proskauer on Privacy on

Amazon faces allegations of unauthorized data collection in violation of federal and state privacy laws, including a first-of-its-kind claim under Washington’s My Health My Data Act (“MHMDA”). The MHMDA restricts businesses...more

Constangy, Brooks, Smith & Prophete, LLP

Oregon Attorney General issues AI Guidance for businesses

In a significant move to regulate the growing impact of artificial intelligence, Oregon lawmakers recently passed Senate Bill 1571, requiring campaigns to disclose when they use AI to manipulate audio or video images,...more

Arnall Golden Gregory LLP

General Motors Settles With the FTC Over Unauthorized Collection and Sale of Driver Data

In the Federal Trade Commission’s (“FTC”) first action related to connected vehicle data, the agency announced that it reached a settlement with General Motors (“GM”) over GM’s unauthorized collection, use, and sale of driver...more

Seyfarth Shaw LLP

Judge Denies Industry Challenge To Massachusetts Data Access Law - Seyfarth's Future of Automotive Series

Seyfarth Shaw LLP on

More than four years after an industry trade association first filed its challenge to a November 2020 ballot initiative in Massachusetts, a federal judge issued an order in Alliance for Automotive Innovation v. Campbell...more

Husch Blackwell LLP

First Washington My Health My Data Act Class Action Lawsuit Filed

Husch Blackwell LLP on

On February 10, 2025, a class action lawsuit was filed against an online retailer under the Washington My Health My Data (MHMD) Act’s private right of action. The complaint also alleges violations of federal wiretapping and...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

Cozen O'Connor

Minnesota AG Issues Second Report Detailing Negative Impacts of Technology on Youth

Cozen O'Connor on

Minnesota AG Keith Ellison’s office has released a follow-up report on the effects of emerging technologies, such as AI and social media, on youth well-being. The report describes the legal landscape and current legislative...more

Miller Canfield

More Than Child's Play: $520 Million FTC Settlement Signals Risks for Digital Platforms

Miller Canfield on

For years, one of the world’s most popular online video games, Fortnite, profited from in-game purchases (or “microtransactions”) that, according to the Federal Trade Commission (“FTC”), were unlawful and deceptive. Although...more

Wiley Rein LLP

What Just Happened at the FTC and CFPB: Wiley Consumer Protection Download (January 24, 2025)

Wiley Rein LLP on

In the two weeks before Inauguration, both the Consumer Financial Protection Bureau (CFPB) and Federal Trade Commission (FTC) released a flurry of rulemaking developments, policy announcements, and enforcement filings and...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

Cozen O'Connor

Missouri to Require Social Media Companies to Offer Algorithmic Choice

Cozen O'Connor on

Missouri AG Andrew Bailey is issuing a regulation requiring social media companies to offer algorithmic choice for users in the state. Under the rule, it will be an unfair, deceptive, or fraudulent practice under the Missouri...more

Harris Beach Murtha PLLC

Oregon Sticks with Existing Regulations to Govern AI (For Now)

The Oregon Department of Justice (DOJ) recently issued significant guidance detailing how the state's existing legal framework will regulate artificial intelligence, eschewing the need for immediate AI-specific legislation....more

BakerHostetler

Why Have One When Four Will Do? How Oregon’s New Guidance on AI Compliance Bridges the AI Legal Gap

BakerHostetler on

Christmas came early when on December 24, the Oregon Office of the Attorney General (OAG) delivered AI guidance wrapped in a bow. Titled “What you should know about how Oregon’s laws may affect your company’s use of...more

Troutman Pepper Locke

OCC Releases Updated UDAAP Supervision and Examination Procedures Booklet

Troutman Pepper Locke on

On December 3, the Office of the Comptroller of the Currency (OCC) issued version 1.1 of the “Unfair or Deceptive Acts or Practices and Unfair, Deceptive, or Abusive Acts or Practices” booklet of the Comptroller’s Handbook,...more

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

Troutman Pepper Locke

CFPB Publishes Report on State Privacy Law Exceptions for Financial Information

Troutman Pepper Locke on

On November 12, the Consumer Financial Protection Bureau (CFPB) released a new report titled, “State Consumer Privacy Laws and the Monetization of Consumer Financial Data.” The report provides an overview of the state...more

Seyfarth Shaw LLP

Careful Data Governance Is a Must Amid Enforcement Focus

Seyfarth Shaw LLP on

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

Sheppard Mullin Richter & Hampton LLP

NY AG Releases Website Privacy Guides for Businesses and Consumers

New York Attorney General Letitia James recently released guidance for businesses and consumers about website tracking technologies. The consumer guide provided examples of common cookies, tracking technologies, and how...more

Sheppard Mullin Richter & Hampton LLP

We Don’t Use Dark Patterns!? FTC and Consumer Protection Networks Review Suggests You Might

In its ongoing concern with “dark patterns,” the FTC recently announced results of two reviews of sites and apps purportedly engaging in the practice. As a reminder, the FTC views as “dark patterns” practices or web designs...more

Kelley Drye & Warren LLP

Arkansas AG Files Suit, Labels Temu a Data-Theft Business

Tim Griffin, Arkansas Attorney General, did not mince words when he filed a lawsuit against the parent companies of Temu, stating in a press release, ​“Temu is not an online marketplace like Amazon or Walmart. It is a...more

Robinson+Cole Data Privacy + Security Insider

Maryland Online Data Privacy Act

On May 9, 2024, Governor Wes Moore signed the Maryland Online Data Privacy Act (MODPA) into law. MODPA applies to any person who conducts business in Maryland or provides products or services targeted to Maryland residents...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

Ballard Spahr LLP on

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

Faegre Drinker Biddle & Reath LLP

State AG Updates: Data Privacy & Security; Consumer Protection; Wage & Employment; Unfair & Deceptive Practices; Health Care Fraud...

At a Glance - In this final edition for 2023, the number and breadth of data privacy and security enforcement actions demonstrate that state AGs are flexing their muscles and playing a significant regulatory role in this...more

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