Regulation Through Enforcement: Insights From the BlueSnap Lawsuit — Payments Pros: The Payments Law Podcast
An FTC Official Speaks About the Regulation of AI Technology
Consumer Finance Monitor Podcast Episode: Should Section 5 of the FTC Act be Amended to Add a Private Right of Action?
DE Under 3: FTC Enters the Biometric Privacy Protection Conversation
Since Andrew Ferguson assumed the role of FTC chair in January 2025, following his year-long tenure as a commissioner, businesses have been watching closely for signals of how the agency might redirect its focus on privacy...more
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
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
The Federal Trade Commission (FTC) announced its first enforcement action alleging that discriminatory use of artificial intelligence (AI) was an unfair practice under Section 5 of the FTC Act on December 19, 2023. According...more
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
The FTC and OCR at HHS are continuing to scrutinize the use of tracking technologies that may reveal information about a person’s health or health status. Both agencies recently sent a letter to a reported 130 hospitals and...more
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
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
Utah’s governor recently signed into law SB 227, creating the Genetic Information Privacy Act (GIPA). The law, which is anticipated to go into effect in May, is aimed at protecting genetic data collected from...more
As many businesses occupy themselves with coming into compliance with the California Consumer Privacy Act (CCPA) before the law’s effective date of January 1, 2020, Congress is renewing discussion of a possible comprehensive...more
On August 29, 2016, the U.S. Court of Appeals for the Ninth Circuit issued a major decision restructuring how common carriers are regulated at the federal level. The Ninth Circuit interpreted Section 5 of the FTC Act, which...more
Entering 2016, the relentless stream of cyberattacks continues unabated, having become a "business as usual" reality to which companies must adapt. All companies, regardless of size or industry, are potential targets, and the...more
In law school, everybody learns the adage that hard cases make bad law. When it comes to the Federal Trade Commission, a better aphorism might be, “easy cases make new law.” The FTC’s recent settlement with Nomi Technologies...more
Snapchat’s recent settlement with the Federal Trade Commission (FTC) generally provides a comprehensive but not groundbreaking roadmap to the FTC’s privacy and data security expectations in the mobile environment under...more