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Wiley Rein LLP

FTC Reviews Its Approach to Kids’ Online Activity – What Comes Next?

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The Federal Trade Commission (FTC) recently hosted a workshop on kids’ online activity, titled “The Attention Economy: How Big Tech Firms Exploit Children and Hurt Families.” Speakers included two U.S. Senators, all three FTC...more

Clark Hill PLC

Beyond HIPAA: How state laws are reshaping health data compliance

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We are in an era where smartphones track sleep patterns, fitness apps monitor heart rates, and online searches reveal sensitive medical inquiries. As a result, the notion of “health data” has expanded dramatically. This...more

Bradley Arant Boult Cummings LLP

PART 3: Data Categories and Surveillance Pricing: Ferguson’s Nuanced Approach to Privacy Innovation

As FTC Chair Andrew Ferguson establishes his enforcement priorities, his positions on data categorization and surveillance pricing reveal a consistent philosophy that balances privacy protection with innovation. This is the...more

Skadden, Arps, Slate, Meagher & Flom LLP

‘Take It Down Act’ Requires Online Platforms To Remove Unauthorized Intimate Images and Deepfakes When Notified

On May 19, 2025, President Trump signed into law the bipartisan “Tools to Address Known Exploitation by Immobilizing Technological Deepfakes on Websites and Networks Act“ (the “Take It Down Act“ or the “Act“). - In...more

Wiley Rein LLP

Trump Signs Law Expanding Tech Platform Requirements and FTC Enforcement on Intimate AI Deepfakes and Images

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On May 19, President Trump signed into law the Take It Down Act to prevent and deter online publication of nonconsensual intimate images, including artificial intelligence (AI) deepfakes and “revenge” pornographic content. In...more

Perkins Coie

FTC Enforcement Priorities Take Shape With Resource Cuts in Mind

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Perkins Coie partner Janis Kestenbaum says the FTC is keeping the pressure on strong consumer protection enforcement despite the Trump administration’s deregulatory agenda. In balancing enforcement with fewer anticipated...more

Kelley Drye & Warren LLP

Ad Law News and Views - March 2025

IN THE NEWS AND LATEST UPDATES - What’s Next at FTC Following Firings of Democratic Commissioners? It’s been a week since the Trump administration fired FTC Commissioners Slaughter and Bedoya because their ​“continued service...more

Alston & Bird

To Delete or Not to Delete: Can 23andMe Really Sell Genetic Data Via Bankruptcy?

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On March 23, 2025, 23andMe Holding Co. (“23andMe”) filed for bankruptcy in the Eastern District of Missouri, potentially setting in motion the sale of genetic data collected from more than 15 million people.  This has led to...more

Alston & Bird

FTC Announces Proposed Settlement with GoDaddy Incorporating Prescriptive Cybersecurity Requirements

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On January 15, 2025, the Federal Trade Commission (FTC) announced a proposed settlement with GoDaddy Inc. (GoDaddy) for making false or misleading representations about their security practices in violation of Section 5 of...more

Wiley Rein LLP

CES 2025: FTC Commissioners Discuss Approach to AI in New Administration

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On Thursday, January 9 at CES 2025, two sitting FTC Commissioners – Rebecca Slaughter (D) and Melissa Holyoak (R) – sat down for a revealing discussion moderated by two former FTC Commissioners now in the private sector –...more

Mintz - Privacy & Cybersecurity Viewpoints

California Privacy Protection Agency Reminds Us that “Dark Patterns” Are Illegal

Dark Patterns come into focus as the California Privacy Protection Agency (CPPA) issues September 4 Enforcement Advisory. Recently, I attempted to cancel a digital subscription. While I expected the cancellation function...more

Perkins Coie

FTC Order Bans Anonymous Messaging App from Serving Minors

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The Federal Trade Commission (FTC) and the Los Angeles County District Attorney on July 9, 2024, announced a complaint and proposed stipulated order against NGL Labs, LLC, and two NGL co-founders concerning the “NGL: ask me...more

Gardner Law

Privacy Summer School: 10 Things You Should Know About Privacy, Consent and HIPAA

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Are you responsible for privacy compliance at your company? This alert summarizes key takeaways from Paul Rothermel's recent presentation 10 Things You Should Know About Privacy, Consent, and HIPAA...more

BakerHostetler

The Protecting Americans’ Data from Foreign Adversaries Act - What Digital Advertisers, Publishers and Ad Platforms Need To Know

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The Protecting Americans’ Data from Foreign Adversaries Act (PADFA or the Act) was signed into law by President Joe Biden on April 24 as part of a larger foreign aid appropriations bill. Although other portions of the...more

Perkins Coie

The American Privacy Rights Act: Could This Be the One?

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The chair of the U.S. Senate Committee on Commerce, Science, and Transportation, Maria Cantwell (D-WA), and the chair of the U.S. House Committee on Energy and Commerce, Cathy McMorris Rodgers (R-WA), released a discussion...more

Paul Hastings LLP

Latest Draft Comprehensive Data Privacy Legislation is Released

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Two key members of Congress unveiled the latest iteration of a proposed nationwide comprehensive privacy and data protection bill this past week. House Energy and Commerce Chair Cathy McMorris Rodgers (R-WA) and Senate...more

Hinch Newman LLP

FTC Order Will Ban U.K.-Based Software Provider from Selling Browsing Data for Ad Purposes and Require It to Pay $16.5MM Over...

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On February 24, 2024, the Federal Trade Commission announced that it will require software provider Avast to pay $16.5MM and prohibit the company from selling or licensing any web browsing data for advertising purposes to...more

Mintz - Antitrust Viewpoints

FTC Warns AI Companies to Honor Privacy and Confidentiality Commitments — AI: The Washington Report

Welcome to this week’s issue of AI: The Washington Report, a joint undertaking of Mintz and its government affairs affiliate, ML Strategies. On January 9, 2024, the Federal Trade Commission (FTC or Commission) published...more

Skadden, Arps, Slate, Meagher & Flom LLP

FTC Enforcement Trends in Consumer Protection Under the Biden Administration

The Federal Trade Commission (FTC or the Commission) has continued aggressive regulation in the consumer protection space under the Biden administration. This persistent approach has occurred even in the face of recent...more

Gardner Law

Med-Tech Meets High-tech: Privacy, Cybersecurity and Ai in Connected Devices

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...Innovation in connected medical devices is critical to advances in health care outcomes, user experience, and reducing costs. These exciting technologies also can be challenging when it comes to navigating the complex...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

ArentFox Schiff

Penalty Offense Authority and the Future of FTC Privacy Law

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From its founding in 1914 until roughly 2018, the Federal Trade Commission (FTC) enjoyed near complete hegemony as the primary consumer protection enforcement agency in the United States. The states played an important role,...more

Wiley Rein LLP

Wiley Consumer Protection Download (September 11, 2023)

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Welcome to Wiley’s update on recent developments and what’s next in consumer protection at the Consumer Financial Protection Bureau (CFPB) and Federal Trade Commission (FTC). In this newsletter, we analyze recent regulatory...more

ArentFox Schiff

Tips For Managing the Response to an FTC Civil Investigative Demand in Privacy and Data Security Cases

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The Federal Trade Commission (FTC) is more active in privacy and data security enforcement actions now than at any time in recent memory. It announces new enforcement actions almost daily, together with press releases, public...more

Gardner Law

FDA Regulatory, Compliance, and Privacy Due Diligence — Finding Your Goldilocks Zone

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When conducting due diligence of an FDA-regulated company, there are several important questions that should be posed. These include questions relating to regulatory, compliance, and privacy matters. For example, questions...more

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