News & Analysis as of

Internet Federal Trade Commission

Children's Products and the "Internet of Things": Data Privacy Beyond COPPA

by Stinson Leonard Street on

In this internet age, "smart" children’s products—those that collect, transmit or store electronic data—are on the rise. By some estimates, the smart toy market will reach $11.3 billion in sales by 2020. Manufacturers of...more

I Subscribed to What? What Online Subscription-Based Marketers Need To Tell Their Consumers

I am certainly not the only person who has been lured into purchasing a too-good-to-be-true, deeply discounted product online, only to learn that what I actually purchased was a subscription to buy more stuff. Kate Hudson’s...more

Rep. Blackburn Files Bill To Return ISP Regulation To Federal Trade Commission

by King & Spalding on

On May 18, 2017, Representative Marsha Blackburn (R. TN) introduced H.R. 2520 (the “Bill”) to the House of Representatives, which purports to shift online privacy regulation authority from the Federal Communications...more

Proposed BROWSER Act Would Require ISPs and Edge Service Providers to Give Users Opt-in and Opt-out Rights for the Use and...

by WilmerHale on

On May 18, 2017, Martha Blackburn (R-TN), Chairman of the House Committee on Energy and Commerce’s Subcommittee on Communications and Technology, introduced H.R. 2520, the Balancing the Rights of Web Surfers Equality and...more

FCC Broadband Privacy Regulations Rescinded; States Consider Adopting Measures

As was expected, President Trump signed into law the rescinding of the broadband privacy regulations adopted in 2016 by the Obama administration’s Federal Communications Commission (FCC)....more

How to Comply with the Consumer Review Fairness Act

by Morgan Lewis on

In January 2015, we wrote about California’s ban on nondisparagement clauses in consumer contracts under the “Yelp” Bill. A new law, the Consumer Review Fairness Act, covers nondisparagement clauses in a similar vein at the...more

Affair Website Ashley Madison Fined $8.75 Million Over Data Breach, Misrepresentations

by Ballard Spahr LLP on

The Federal Trade Commission (FTC) has entered into a multimillion dollar settlement with the owners and operators of AshleyMadison.com, a dating website for people interested in having discreet affairs, related to the...more

Top 10 Litigation Risks and Trends for Retailers

by 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

Ashley Madison Settles with FTC and State AGs for $1.6 Million

We have previously reported on the Ashley Madison data breach and subsequent litigation. On December 14th, Ashley Madison announced that it has agreed to pay $1.6 million and implement additional security measures to settle...more

What You Need to Know about the New Broadband Privacy Regulations

As we previewed last week, the Federal Communications Commission (FCC) has adopted new privacy rules that govern Internet service providers’ (ISPs) handling of broadband customer information. Though the Wireline Competition...more

When smart goes bad: Why internet security does not just refer to computers

by Thompson Coburn LLP on

A growing trend in the consumer electronics industry is the use of so-called “smart” devices — electronics that use wi-fi connections to allow them to be controlled remotely over the internet. From smart thermostats that can...more

Ninth Circuit Removes FTC From The Beat: Agency Lacks Authority To Police Common Carriers Engaged In Non-Common Carrier Activities

The Federal Communications Commission (“FCC”) asserted broad regulatory authority over the Internet and broadband Internet service providers when it reclassified Internet access service as a “common carrier” service under...more

Final Order against Practice Fusion Approved by FTC

On August 16, 2016, the Federal Trade Commission (FTC) approved the final order resolving its privacy complaints against Practice Fusion. The complaint alleged that Practice Fusion “misled consumers by soliciting reviews for...more

Six Key Consequences of the D.C. Circuit Upholding Net Neutrality

by Perkins Coie on

On its third try, the Federal Communications Commission finally got the sweeping net neutrality court victory it had been seeking for years. In US Telecom v. FCC, the U.S. Court of Appeals for the District of Columbia...more

Social Links: Publishers claim ad blockers violate FTC rules; Twitter bags its “buy button”; has the IoT gone too far?

The Newspaper Association of America has filed a first-of-its-kind complaint with the FTC over certain ad blocking technologies. Is it “Internet” or “internet”? The Associated Press is about to change the capitalization...more

Children's Privacy Online: The Interplay Between Mobile Applications and the Children's Online Privacy Protection Act

by Stinson Leonard Street on

The activities of children on the internet, whether via computers, smart phones, or tablets, have grown exponentially in recent history. As internet access for children increased, parents began losing control of the amount...more

FCC and FTC Reach Consumer Protection Memorandum of Understanding (MOU): Agencies Promise Cooperation, Express Shared Jurisdiction...

by Kelley Drye & Warren LLP on

On November 16, 2015, the Federal Communications Commission (FCC) and the Federal Trade Commission (FTC) reached a Memorandum of Understanding (MOU) in which the two agencies agreed to engage in greater coordination and...more

Important Decision On Applicable Data Protection Law

by Allen & Overy LLP on

After the controversial Google Spain decision (which besides the right to be forgotten also dealt with applicable law rules), the Court of Justice of the EU (CJEU) handed down another important – and yet again rather...more

Technology Industry Newsletter - October 2015

by Buchalter on

We hope you enjoy this edition of our Tech Newsletter. As technology continues to drive business innovation and growth, new and existing companies positioned to take advantage of the tech trends for 2016 will be better...more

Erasure Laws Don’t Equal Right to be Forgotten

by LeClairRyan on

We have previously blogged about the “right to be forgotten,” which has gained a substantial foothold in Europe, and which one nonprofit consumer group has urged the Federal Trade Commission to adopt. While that “right”...more

Online Behavioral Advertising Guidelines Go Mobile

by Carlton Fields on

On September 1, the Digital Advertising Alliance (DAA) began enforcing its guidelines for online behavioral advertising regarding mobile advertising. The DAA, a notfor-profit independent body, develops industry-best practices...more

FCC Shows Hand on Regulation of Edge Providers

by BakerHostetler on

In a prior post, we commented on how the recent expansion of the FCC’s authority to regulate the privacy practices of Internet service providers (ISPs) has ignited calls for further expansion of the FCC’s authority to cover...more

FTC’s social media product endorsement guidelines

Back in 2009, the Federal Trade Commission (FTC) updated its ‘Endorsement Guides’ and followed up with an informal publication called “What People are Asking” to clarify some of the guides points. In May 2015, the FTC updated...more

FTC Considers Facial Recognition Parental Consent Method Under COPPA Rule

by Davis Wright Tremaine LLP on

The Federal Trade Commission announced on July 31 that it is seeking public comment on a new verifiable parental consent method application submitted by Riyo under the Children’s Online Privacy Protection Act (COPPA) Rule. If...more

Consumer Group Asks FTC to Adopt EU’s Right to be Forgotten

Last year we wrote about the EU’s adoption of an individual’s “right to be forgotten”, which gives Europeans the right to require search engines to remove information about them from search results for their own names, if the...more

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