News & Analysis as of

FTC Act Section 5 Data Privacy

Troutman Pepper Locke

How Cos. Can Use Data Clean Rooms to Address Privacy

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Businesses are constantly seeking innovative ways to improve their customers’ experiences. Originally published in Law360 - February 10, 2025....more

Venable LLP

Accelerating Privacy Scrutiny: Key Developments for the Auto Industry

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Recent U.S. developments indicate a growing focus on regulating and investigating the data privacy practices of companies in the automotive sector. The Federal Trade Commission (FTC) recently highlighted in a blog post its...more

Wyrick Robbins Yates & Ponton LLP

FTC Flags a New Form of Unsportsmanlike Conduct via Notice of Penalty Offense

The FTC recently sent five tax preparers a notice of its intention to pursue civil penalties (“Notice”) if they continue to use consumers’ data for purposes other than tax preparation (such as advertising) without first...more

Spilman Thomas & Battle, PLLC

Are Automakers Making Sufficient Efforts to Protect Customer Data?

With the ever-expanding Internet of Things, data privacy is a growing concern in today’s digital age. The automotive industry is no exception. The National Highway Traffic Safety Administration (“NHTSA”) has broad regulatory...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

Hogan Lovells

Genetic testing company privacy practices now under the microscope of the FTC

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The FTC continues to scrutinize the privacy practices of consumer health companies.  After taking action against patient couponing and mental health companies, the FTC has now turned its attention to genetic testing....more

Sheppard Mullin Richter & Hampton LLP

Don’t Forget Deception: FTC and Biometrics

With the ongoing BIPA litigation activity in Illinois surrounding collection of biometrics, it can be easy to forget that other issues might surround this practice. Last month the FTC reminded companies not to forget general...more

Perkins Coie

FTC Issues Policy Statement Regarding Biometric Information

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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

Akin Gump Strauss Hauer & Feld LLP

FTC Commercial Data Surveillance Crack Down: Kochava Gains a Win in Data Privacy Suit

On May 4, 2023, an Idaho federal judge ruled that the Federal Trade Commission (FTC) needs stronger assertions of consumer harm in order for its data privacy suit against data broker/mobile analytics provider Kochava Inc....more

Fenwick & West LLP

FTC Sets Policy Priorities for Biometric Information

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The FTC recently published a policy statement with its enforcement priorities for the misuse of biometric information. To be clear, there are no new federal laws that specifically regulate the collection or use of biometric...more

WilmerHale

FTC Signals Increased Scrutiny of Biometric Technologies

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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

Wyrick Robbins Yates & Ponton LLP

Consent Horizon: BetterHelp to Pay $7.8 Million to Settle FTC Claims

On the heels of its $1.5 million enforcement action against GoodRx, the FTC is back with an enforcement action against BetterHelp, an online mental health counseling service. This time the price tag will be $7.8 million,...more

WilmerHale

FTC Continues Enforcement Focus on the Use and Disclosure of Health Information for Advertising

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On Thursday, March 2, the FTC announced an enforcement action against BetterHelp, Inc., an online mental health counseling service, relating to claims that the company’s collection and use of consumer health data were unfair...more

Robinson+Cole Data Privacy + Security Insider

FTC Sues Data Broker for Selling Data from Reproductive Clinics and Places of Worship

In a complaint filed this week, the Federal Trade Commission (FTC) alleges that a data broker sold geolocation data from individuals showing their movements to and from sensitive locations, including reproductive health...more

Bilzin Sumberg

FTC Lawsuit Reveals Fraught Issues Surrounding Sale of Consumer Data

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The Federal Trade Commission (“FTC”) on Monday, August 29, 2022, sued Idaho-based Kochava Inc., a data broker, in the United States District Court for the District of Idaho, seeking a permanent injunction and other relief for...more

Davis Wright Tremaine LLP

FTC Issues Advance Notice of Proposed Rulemaking on Commercial Surveillance and Data Security

The Federal Trade Commission (FTC) may have just taken its first steps towards the creation of generally applicable federal privacy and security rules. On Aug. 11, 2022, the FTC published an advance notice of proposed...more

Sheppard Mullin Richter & Hampton LLP

FTC Weighs In On Data Breach Notification

The FTC recently reminded companies that principles of fairness and the likelihood of harm may in some cases prompt breach notification. This requirement might exist even if state breach notice laws have not been triggered...more

Alston & Bird

FTC Announces Settlement with Mortgage Broker for Publishing Personal Information about Consumers

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A&B ABstract: On January 7, 2020, the Federal Trade Commission (FTC) announced a complaint and settlement against California mortgage broker Mortgage Solutions FCS, doing business as Mount Diablo Lending, and its owner, Ramon...more

Faegre Drinker Biddle & Reath LLP

FTC Opinion Holds False Express Privacy Claims are Material

The Federal Trade Commission’s Opinion finding that Cambridge Analytica engaged in deceptive practices to harvest personal information closes another chapter in the Commission’s actions against Cambridge Analytica and its...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

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

Patterson Belknap Webb & Tyler LLP

GAO Backs “Comprehensive” Privacy Legislation

A recent report by the Government Accountability Office (GAO) is recommending that Congress adopt comprehensive federal data privacy legislation. ...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

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

Morgan Lewis

FTC Case Will Test Its Power in IoT Space

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A recent action by the Federal Trade Commission (FTC) against an internet of things (IoT) device manufacturer in the Northern District of California is a significant development in the IoT space and data security law. The...more

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