News & Analysis as of

Unfair or Deceptive Trade Practices Data Breach

Orrick, Herrington & Sutcliffe LLP

New York attorney general files complaint over insurance data breaches

On March 1, New York State Attorney General Letitia James filed a complaint in the Supreme Court of the State of New York against a group of insurance companies and a parent corporation. The complaint alleged these companies...more

Kelley Drye & Warren LLP

State AGs and Consumer Protection: What We Learned From … Michigan

What’s going on with Michigan’s consumer protection statute? How does the Michigan Attorney General’s Office operate? And what are its enforcement priorities?...more

Kilpatrick

Data breach class actions – Northern District of Georgia dismisses four substantive claims, but two survive

Kilpatrick on

Takeaway: Former FBI Director Robert Mueller once famously said, “There are only two types of companies: those that have been hacked and those that will be.” These days cyberattacks seem to happen all the time. And when a...more

Constangy, Brooks, Smith & Prophete, LLP

Oregon Attorney General issues AI Guidance for businesses

In a significant move to regulate the growing impact of artificial intelligence, Oregon lawmakers recently passed Senate Bill 1571, requiring campaigns to disclose when they use AI to manipulate audio or video images,...more

Kohrman Jackson & Krantz LLP

Marriott Settles for $52M & Enhances Data Protections After Multi-State Investigations

Marriott has agreed to pay $52 million dollars and implement new consumer data protections to settle investigations by attorneys general from 49 states and the Federal Trade Commission, following data breaches that occurred...more

Robinson+Cole Data Privacy + Security Insider

FTC Takes Action Against GoDaddy for Alleged Lax Data Security

The Federal Trade Commission (FTC) issued a proposed settlement order against GoDaddy alleging that it “has failed to implement reasonable and appropriate security measures to protect and monitor its website-hosting...more

Cozen O'Connor

The State AG Report – 12.19.2024

Cozen O'Connor on

Here are curated AG and federal regulatory news stories highlighting key areas in which state and federal regulators’ decisions are having an impact across the US: •Illinois AG’s and FTC’s Settlement Takes a $25 Million...more

Cozen O'Connor

The State AG Report – 09.19.2024

Cozen O'Connor on

Here are curated AG and federal regulatory news stories highlighting key areas in which state and federal regulators’ decisions are having an impact across the US: •Republican AGs Urge EPA to Block CA’s Clean Fleets...more

Alston & Bird

Class Action & MDL Roundup 2024 Q1 – Reaching Across the Pond

Alston & Bird on

Welcome back to the Class Action & MDL Roundup! This edition covers notable class actions from the first quarter of 2024. In this edition, UK High Court weighs in on information asymmetry, debit is better than credit,...more

McGlinchey Stafford

Texas Mortgage Loan Rule Changes

McGlinchey Stafford on

The Texas Department of Savings and Mortgage Lending has proposed a wide-ranging overhaul of its rules concerning residential mortgage loan originators (RMLOs), loan companies, mortgage bankers, and servicers. Some of the...more

Faegre Drinker Biddle & Reath LLP

State AG Updates: Data Privacy & Security; Consumer Protection; Wage & Employment; Unfair & Deceptive Practices; Health Care Fraud...

At a Glance - In this final edition for 2023, the number and breadth of data privacy and security enforcement actions demonstrate that state AGs are flexing their muscles and playing a significant regulatory role in this...more

WilmerHale

FTC Announces Enforcement Action Against Global Tel*Link Corporation for Unfair Data Security Practices and Inadequate Data Breach...

WilmerHale on

On November 16, the Federal Trade Commission (FTC) announced an enforcement action against Global Tel*Link Corporation and two of its subsidiaries (collectively, “GTL”), which provide communications and payment services to...more

Davis Wright Tremaine LLP

Litigation Preparedness Following a Data Breach: Three Tips to Consider During the Incident Response Period

Data breaches come in many different forms, sizes, and levels of complexity, but they tend to share certain key facts: A third-party bad actor—whether through a phishing attack, a ransomware attack, exploitation of a zero-day...more

Polsinelli

Regulatory Overreach/Litigation Remedies To Curtail Regulatory Excess by Federal Trade Commission

Polsinelli on

With the rise of large-scale, high-profile data breaches, the Federal Trade Commission has expressed its intent to hold companies accountable. (See “Consumer Financial Protection Circular 2022-04,” Consumer Financial...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

WilmerHale on

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

Fox Rothschild LLP

Better Keep Health Data Private, FTC Signals to On-Line Health Care Providers

Fox Rothschild LLP on

Watch out HHS, the FTC is taking the lead in enforcing privacy violations by companies also subject to HIPAA. BetterHelp, an on-line mental health platform, engaged in unfair and unreasonable privacy practices according to...more

Wyrick Robbins Yates & Ponton LLP

Not What the Doctor Ordered: GoodRx to Pay $1.5 Million in FTC’s First Enforcement of the Health Breach Notification Rule

The Federal Trade Commission earlier this month undertook an enforcement action against online pharmacy and telehealth provider GoodRx, in the latest example of the agency seriously pursuing its role as the nation’s de facto...more

Kelley Drye & Warren LLP

Is the FTC a “Regulator”?  It Sure Seems to be Moving in that Direction  

For the 26+ years I served at the FTC, the agency always described itself as a “law enforcement agency,” not a “regulator.” That’s because the FTC spent most of its resources on enforcing the FTC Act and other laws passed by...more

Wiley Rein LLP

Wiley Consumer Protection Download (February 13, 2023)

Wiley Rein LLP on

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

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

Ballard Spahr LLP

CFPB Warns Failure to Safeguard Consumer Data May Be Unfair Act or Practice

Ballard Spahr LLP on

On August 11, the CFPB published a circular confirming that covered persons and service providers under the Consumer Financial Protection Act (CFPA) may violate the CFPA’s prohibition against unfair acts or practices when...more

Robinson+Cole Data Privacy + Security Insider

Crypto Wallet Data Breach Leads to Class Action Litigation

Plaintiffs filed suit in the District Court for the District of Delaware against Shopify Inc. and TaskUs Inc., alleging that the companies failed to implement measures to prevent a data breach that resulted in a breach of...more

Wyrick Robbins Yates & Ponton LLP

Buyers Beware: the FTC’s Case Against CafePress Highlights Privacy and Data Security Risks in Corporate Transactions

Last week the Federal Trade Commission announced a privacy and data security enforcement action against the online retail platform CafePress. The allegations in the FTC’s complaint read like a list of worst practices,...more

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