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Goodwin

SEC Sends Additional Message to Registered Investment Advisers on Marketing Rule Obligations Through Enforcement Actions

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On September 9, 2024, approximately one year since its first flurry of similar Marketing Rule actions, the Securities and Exchange Commission (the SEC) announced settlements with nine SEC-registered investment advisers (the...more

Troutman Pepper

District of Columbia AG Sues StubHub for Alleged “Dark Patterns” and Hidden Fees

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On July 29, the attorney general (AG) for Washington, D.C. sued StubHub, Inc. (StubHub) for violations of the district’s Consumer Protection Procedures Act. The complaint accuses StubHub of employing “dark patterns,”...more

McDermott Will & Emery

New York Attorney General Issues Cookie Guidance and Enforcement Warnings

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On July 15, 2024, the Office of the New York State Attorney General (OAG) published website privacy control guidance focused on cookies and other tracking technologies. The guidance identifies common deficiencies and...more

Clark Hill PLC

Children’s Data Update: From FTC and State Agency Enforcement to KOSA Advancing the Senate

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On July 7, the FTC and the Los Angeles District Attorney’s Office filed a complaint in the United States District Court for the Central District of California against the developer of an anonymous messaging app (NGL Labs,...more

Faegre Drinker Biddle & Reath LLP

The ABC’s of the DMCA for OSP’s

We promise we didn’t just spill a can of alphabet soup in the title of this post! If your company’s website hosts user-generated content, or UGC (more acronyms!), you may be able to take advantage of a provision under US...more

Barnea Jaffa Lande & Co.

GDPR – Company Fined for Improper Data Collection

The French Data Protection Authority (CNIL) recently imposed a EUR 310,000 fine, representing 1% of its turnover, on FORIOU, a telemarketing company promoting loyalty programs. The fine stemmed from FORIOU’s use of...more

Wyrick Robbins Yates & Ponton LLP

No Money, Mo’ Problems: DoorDash CCPA Enforcement Action Emphasizes Personal Information “Sales” Aren’t All About the Benjamins

The California Attorney General (“AG”) recently delivered (pun very much intended) a public CCPA enforcement action against DoorDash, its second following the 2022 settlement with Sephora. The DoorDash action stems from a...more

Eversheds Sutherland (US) LLP

A Measured Approach - US Cybersecurity and Data Privacy Review and Update: Looking back on our 2023 articles and planning ahead...

Technological advances, especially in Artificial Intelligence and quantum computing, will continue to amaze in the coming years. They will open up vast new opportunities while presenting profound regulatory, litigation, and...more

WilmerHale

FTC Publishes Proposed Amendments to COPPA Rule

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On December 20, the Federal Trade Commission (FTC or “the Commission”) published a notice of proposed rulemaking (NPRM) proposing amendments to the Children’s Online Privacy Protection Rule (the “COPPA Rule” or the “Rule”)....more

Dorsey & Whitney LLP

HIPAA on the Horizon in the New Year: Important Lessons from an Active 2023 and Regulatory Initiatives to Watch for in 2024

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2023 marked 20 years since the first compliance deadline under the Health Insurance Portability and Accountability Act’s (“HIPAA”) privacy rule. Despite the two decades of experience with HIPAA, compliance continues to remain...more

Paul Hastings LLP

Investment Funds & Private Capital Market Insights: SEC Charges Nine Investment Advisers for Advertising Hypothetical Performance...

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On September 11, 2023 the SEC announced settlements with nine registered investment advisers (the “Advisers”) for alleged violations of the Investment Advisers Act’s new marketing rule (Rule 206(4)-1, available here, the...more

Hinch Newman LLP

FTC and HHS Warn Hospital Systems and Telehealth Providers About Use of Technologies That Share Sensitive Health Information

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The Federal Trade Commission and the U.S. Department of Health and Human Services' Office for Civil Rights are cautioning hospitals and telehealth providers about the privacy and security risks related to the use of online...more

McDermott Will & Emery

FTC and HHS-OCR Spotlight Use of Tracking Tech by Healthcare Providers

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On Thursday, July 20, 2023, the Federal Trade Commission and HHS Office for Civil Rights issued a rare joint press release announcing that approximately 130 hospital systems and telehealth providers received a letter alerting...more

Shipkevich PLLC

FTC Launches Massive “Operation Stop Scam Calls” Initiative: Focusing on “Consent Farm” Lead Generators and Robocallers

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On July 18, 2023, the Federal Trade Commission (FTC) announced that the FTC, along with over 100 federal and state law enforcement partners, have launched an extensive campaign named "Operation Stop Scam Calls" to combat the...more

Latham & Watkins LLP

CNIL Fines Health Website for Unlawful Data Processing

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The French Data Protection Authority imposed a €280,000 fine for GDPR infringements and a €100,000 fine for violation of French cookie rules. On 11 May 2023 the French Data Protection Authority (the CNIL) handed down its...more

Orrick, Herrington & Sutcliffe LLP

FTC finalizes data breach order with online alcohol marketplace

On January 10, the FTC announced it has finalized an order with a company that operates an online alcohol marketplace, along with its CEO, related to a data breach that allegedly exposed the personal information of roughly...more

BakerHostetler

Now Is Really the Time to Pay Attention to Dark Patterns - Seriously

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For months now we have been talking about dark patterns and all the regulatory chatter associated with them. Many, including us, have been wondering whether it would end up being much ado about nothing, with dark patterns...more

Venable LLP

Payment Processors: Are You Prepared to Uncover "Dark Patterns"?

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Risk management personnel who underwrite e-commerce merchants should have some basic understanding of the types of online merchant marketing and sales practices that are deceptive and misleading....more

International Lawyers Network

FTC Staff Report Brings Dark Patterns to Light

Trick or treat? The Federal Trade Commission (FTC) staff is focused on one “trick” this spooky season: Designing user interfaces to trick or manipulate users into taking actions they would not otherwise approve of, or putting...more

BCLP

UK Children’s Privacy Protection Comes of Age

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The Age Appropriate Design Code (“AADC”) - more commonly known as the Children’s Code - has been heralded as the world’s first code to protect children online. Compliance with the AADC became mandatory for in-scope businesses...more

ArentFox Schiff

Disclosing Patient Information in Responses to Online Reviews: Recent OCR Enforcement Action Is a Cautionary Tale

ArentFox Schiff on

The HHS Office for Civil Rights (OCR) recently imposed a $50,000 civil monetary penalty on a dental practice that disclosed patient-identifying information in response to a negative online review. The case is a reminder that...more

Venable LLP

Gig Platforms, Wake Up. All Eyes Are Upon You.

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Constant connectivity through smartphones has ushered in a new way for small businesses to connect with potential customers and gig workers looking for flexible employment. The emergence of companies like Uber, GrubHub,...more

Venable LLP

Latest CFPB Lawsuit Sheds Light on Digital Dark Patterns

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A lawsuit filed by the CFPB last week against a national credit reporting agency provides some insight into the types of website features and designs that regulators like the Consumer Financial Protection Bureau and Federal...more

Robinson+Cole Data Privacy + Security Insider

DOJ Takes Down RaidForums’ Website

In an action against what has been described as one of the largest hacker forums in the world, the U.S. Department of Justice (DOJ) announced on  April 12, 2022, that it has taken down RaidForums’ website and arrested its...more

BakerHostetler

No Time to Weight and Watch for Children’s Data Compliance

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The Federal Trade Commission (FTC) recently settled with Weight Watchers (WW) and its subsidiary Kurbo for alleged violations of the Children’s Online Privacy Protection Act  (COPPA). COPPA requires websites, apps and other...more

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