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Data Security Section 5 Cybersecurity

WilmerHale

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

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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

Jones Day

FTC Requires Non-Bank Financial Institutions to Report Data Security Breaches Under Amended Safeguards Rule

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On Friday, October 27, the Federal Trade Commission ("FTC") announced new amendments to the Safeguards Rule, requiring covered financial institutions to report certain data breaches to the FTC and reflecting its continuing...more

Woods Rogers

FTC Opens Consumer Protection Investigation of OpenAI, Creator of ChatGPT

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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

Orrick, Herrington & Sutcliffe LLP

Federal Trade Commission (FTC) Update: Following Breach Notification Laws Not Enough; Must Notify Consumers and Others to Mitigate...

The Federal Trade Commission (FTC) recently announced its position on breach notification:  “Regardless of whether a breach notification law applies, a breached entity that fails to disclose information to help parties...more

Ballard Spahr LLP

Unpacking the FTC’s Recent Blog Post Regarding Breach Notification

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The Federal Trade Commission (FTC) recently issued a blog post stating that a failure to disclose a data breach may be a violation of Section 5 of the FTC Act. The May 20 blog post, titled Security Beyond Prevention: The...more

Ballard Spahr LLP

Unpacking the FTC’s Recent  Blog Post Regarding Breach Notification

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The Federal Trade Commission (FTC) recently issued a blog post stating that a failure to disclose a data breach may be a violation of Section 5 of the FTC Act. The May 20 blog post, titled Security Beyond Prevention: The...more

Wyrick Robbins Yates & Ponton LLP

Abracadabra! The FTC Pulls a New Federal Breach Notice Standard out of its Hat

On May 20, 2022, with little fanfare and just five short paragraphs, the Federal Trade Commission announced that businesses must publicly report security incidents to prevent potential harms, even if no other applicable law...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

Akin Gump Strauss Hauer & Feld LLP

Recent FTC Settlements Highlight Risks of Flawed Information Security Practices and Related Representations

In a set of recent settlements, the Federal Trade Commission (the FTC or Commission) resolved charges against two companies, ClixSense and D-Link, for failing to provide reasonable security and to live up to their data...more

Faegre Drinker Biddle & Reath LLP

FTC Litigation with D-Link Ends with Comprehensive Settlement

In 2017, the FTC filed a complaint against D-Link Systems, Inc. (D-Link) alleging that the Taiwan-based computer networking equipment manufacturer had taken inadequate security measures which left its wireless routers and...more

Sheppard Mullin Richter & Hampton LLP

FTC and Car Dealership Software Company Reach Security Settlement

The FTC recently settled with LightYear Dealer Technologies, maker of DealerBuilt software, over allegations that the company failed to provide adequate protection for the personal data it houses. The companies’ clients...more

Wilson Sonsini Goodrich & Rosati

FTC Data Security Settlement with Auto Dealer Software Provider Goes Further than Ever Before - Provides Detailed Specifications...

On June 12, 2019, the Federal Trade Commission (FTC) announced it had reached a proposed settlement with LightYear Dealer Technologies, LLC (doing business as "DealerBuilt") over allegations that the automobile software...more

Faegre Drinker Biddle & Reath LLP

Further Expansion of Data Security Requirements in FTC Order with LightYear Dealer Technologies

The FTC has entered into a settlement with LightYear Dealer Technologies, doing business as DealerBuilt, a technology company that develops and sells dealer management system (DMS) software and data processing services to...more

Davis Wright Tremaine LLP

In re LightYear Dealer Technologies d/b/a DealerBuilt

The Federal Trade Commission (FTC) announced this week it took action against one of the B2B vendors that operate in the shadow economy largely unknown to the public. ...more

Snell & Wilmer

The Anatomy of an FTC Data Security Lawsuit

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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

Alston & Bird

LabMD: The End of the FTC in Cyber, or Just a New Path?

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Our Privacy & Data Security Group reviews the Eleventh Circuit’s decision narrowing the FTC’s authority to impose broad cybersecurity measures on defendants, but cautions it would be a mistake to interpret the ruling as...more

BakerHostetler

11th Circuit Issues Opinion Vacating Order That Required LabMD to Overhaul Its Data Security Program

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On June 6, the 11th Circuit issued its long-awaited decision on LabMD Inc. v. Federal Trade Commission, vacating as unenforceable the Federal Trade Commission’s (FTC’s) cease and desist order that required LabMD to create and...more

McGuireWoods LLP

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

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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

Patterson Belknap Webb & Tyler LLP

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

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

Davis Wright Tremaine LLP

IoT Vendors Beware: FTC’s Latest Enforcement Action Signals Further Scrutiny of the Industry

The FTC’s first data security enforcement action in 2017 sends a clear signal to vendors serving the Internet of Things (“IoT”) marketplace: make sure your data security promises match your data security practices. IoT is in...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

Troutman Pepper

NIST Cybersecurity Framework

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Businesses today have their work cut out for them. Small or large, no organization is immune from cybersecurity threats. Added pressures arise from stepped up government regulatory oversight and enforcement that targets an...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

Orrick, Herrington & Sutcliffe LLP

FTC Makes Clear that NIST Cyber Framework is Not a Cure-All

Last week, the FTC published a blog post titled The NIST Cybersecurity Framework and the FTC, in which the agency issued a nuanced answer to an oft-asked question: “If I comply with the NIST Cybersecurity Framework, am I...more

King & Spalding

FTC Expands Its Role In Cybersecurity Enforcement By Reviving LabMD Action

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On Friday, July 29, 2016, the Federal Trade Commission (“FTC” or the “Commission”) overturned the decision of one of its administrative law judges (“ALJ”) from November 2015 in a suit against LabMD, Inc., now finding LabMD...more

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