News & Analysis as of

Sensitive Personal Information Unfair or Deceptive Trade Practices

Nutter McClennen & Fish LLP

Nutter Bank Report: January 2025

Governor Michelle Bowman discussed the unique challenges mutual banking institutions face raising capital and the need for regulatory flexibility in the process. Governor Bowman’s remarks at the New England CEO Summit on...more

WilmerHale

FTC Continues to Bring Enforcement Actions Against Data Brokers

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On December 3, 2024, the Federal Trade Commission (FTC) announced two enforcement actions against large data aggregator companies, Mobilewalla, Inc. (“Mobilewalla”) and Gravy Analytics Inc. (“Gravy Analytics”), for alleged...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Employer Alert: Texas Reaches $1.4B Settlement Over Allegations of Violation of Biometric Information Privacy Law

The landmark $1.4 billion settlement reached by the state of Texas and a social media company to settle allegations that the company’s platform unlawfully scanned the faces of millions of users in Texas serves as a warning to...more

BakerHostetler

Deeper Dive: FTC in 2024 Continues Aggressive Privacy Path - But Don’t Forget About that Rulemaking

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We have seen a dizzying amount of Federal Trade Commission (FTC or Agency) enforcement on the privacy front in 2024, with a heavy focus on the collection and sharing of health data, browsing and geolocation data, and...more

Cozen O'Connor

Arkansas AG Alleges Temu Uses E-Commerce App for Unlawful Data Access

Cozen O'Connor on

Arkansas AG Tim Griffin has filed a lawsuit against PDD Holdings Inc. and WhaleCo Inc., d/b/a Temu, alleging that Temu’s popular online shopping app operates as malware that is designed to gain unauthorized access to users’...more

Wyrick Robbins Yates & Ponton LLP

Broker Face: The Protecting Americans' Data from Foreign Adversaries Act Creates New High Stakes Federal Data Broker Requirements

On April 24, 2024, Congress made headlines by passing a complex foreign aid package, which included the much-discussed TikTok “divest-or-ban” legislation. What received less attention was the Protecting Americans’ Data from...more

WilmerHale

Maryland and Nebraska Adopt Comprehensive Privacy Laws

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The final weeks for many state legislatures have witnessed significant movements in the U.S. data privacy landscape. Last month, Nebraska Governor Jim Pillen signed the Data Privacy Act, LB1074, into law....more

ArentFox Schiff

FTC Makes Statement on Connected Vehicle Data as Major Automaker Faces Class Action for Data Sharing Practices

ArentFox Schiff on

Connected cars have been on the FTC’s radar for years. Its most recent blog post specifically highlights the Commission’s concerns regarding over collecting-- and the risk of secondary uses-- of sensitive data, such as...more

Venable LLP

Data Restrictions in the 21st Century Peace through Strength Act

Venable LLP on

On April 20, 2024, the House of Representatives passed H.R.8038, the 21st Century Peace through Strength Act ("supplemental"), which includes a version of H.R.7520, the Protecting Americans' Data from Foreign Adversaries Act...more

Davis Wright Tremaine LLP

February 2024 UDAAP Bulletin

Editor's Note: The following document provides a monthly roundup summarizing enforcement actions, guidance, rulemakings, and other public statements from the Consumer Financial Protection Bureau, the Federal Trade Commission,...more

BakerHostetler

How Did the FTC Get $16 Million in a Recent FTC Act Privacy Case?

BakerHostetler on

Advertising and privacy. In 2024, it’s hard to talk about one without the other. Almost like peanut butter and jelly. A recent case from the Federal Trade Commission is an important reminder about the privacy and...more

WilmerHale

Delaware Makes a Dozen States with a Comprehensive Privacy Law

WilmerHale on

On June 30, the Delaware legislature passed the Personal Data Privacy Act (“the Act”). The Act now moves to the Delaware Governor’s desk for consideration and, if signed into law, will make Delaware the seventh state this...more

WilmerHale

FTC Announces Enforcement Action Against 1Health.io for Inadequate Protection of Genetic Data and Unfair Privacy Policy Changes

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On June 16, the Federal Trade Commission (FTC) announced an enforcement action against 1Health.io Inc. (“1Health,” also known as Vitagene, Inc.), a genetic testing company that analyzes consumer-provided DNA samples and uses...more

BakerHostetler

With New Enforcement Action, FTC Warns Against Health Information Being Used for Advertising Purposes

BakerHostetler on

If the Federal Trade Commission’s (FTC) recent pursuits did not make clear the agency’s deep concerns about the use of health information for advertising purposes, a new enforcement action brought by the FTC against...more

Eversheds Sutherland (US) LLP

FTC diagnoses common digital practices as both UDAP and breach

In a groundbreaking decision, the Federal Trade Commission (FTC) announced it was diagnosing GoodRx’s use of tracking pixel codes and analytics, its digital strategy, as not only an unfair or deceptive act or abusive practice...more

Goodwin

CFPB Issues Circular Confirming that Financial Companies May Violate Consumer Financial Protection Law by Failing to Protect...

Goodwin on

In August 2022, the Consumer Financial Protection Bureau (CFPB) published a circular confirming that, under certain circumstances, entities may “violate the prohibition on unfair acts or practices in the Consumer Financial...more

Sheppard Mullin Richter & Hampton LLP

FTC Renews Focus on Dark Patterns

Following its 2021 Dark Patterns enforcement policy, the FTC recently issued a staff report on the practice. The report summarized many of the cases the agency has brought against companies it alleges have engaged in “dark...more

McDermott Will & Emery

FTC Flexes Its Muscle in Suit against Kochava but May Not Like the Result

On August 29, 2022, the Federal Trade Commission (FTC) filed a lawsuit against Kochava, Inc. alleging that Kochava engaged in unfair and deceptive practices by selling the “precise location information” of consumers. This...more

Cozen O'Connor

Lead Generation Company Settles Allegations It Misled Millions of Consumers to Collect Sensitive Financial Information

Cozen O'Connor on

The FTC reached a settlement with lead generation company ITMedia Solutions LLC and a number of related entities and individuals (collectively “ITMedia”) to resolve allegations that ITMedia used misleading marketing tactics...more

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