News & Analysis as of

Unfair or Deceptive Trade Practices Data Collection Data Privacy

Cozen O'Connor

Texas AG Slams the Brakes on Allegedly Unauthorized Collection and Sale of Driver Data

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Texas AG Ken Paxton has sued General Motors LLC and its subsidiary OnStar LLC (collectively “GM”) over allegations that GM misled vehicle purchasers into enrolling in programs that collected and shared their driving data with...more

Robinson+Cole Data Privacy + Security Insider

Texas AG Sues General Motors for Illegal Data Collection

This week, Ken Paxton, the Texas Attorney General, filed suit against General Motors for alleged violations of the Texas Deceptive Trade Practices Act in collecting and selling drivers’ data to insurers without consumer...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

Troutman Pepper

Court Permits Arkansas Attorney General’s Lawsuit Against TikTok to Proceed

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The Circuit Court of Cleburne County, Arkansas, denied TikTok and its parent company ByteDance’s motion to dismiss a lawsuit brought by Arkansas Attorney General Tim Griffin. In the complaint, the AG alleges that TikTok...more

Wyrick Robbins Yates & Ponton LLP

A Million Here, A Million There: Avast Sets the Record for the Highest Monetary Remedy for FTC Act Privacy Violations

According to Chair Lina Khan, the Federal Trade Commission (“FTC”) recent action against Avast Limited and its subsidiaries for $16.5 million is the “highest monetary remedy in a de novo privacy violation case” and the first...more

Troutman Pepper

FTC Says Unilateral Policy Changes for AI Product Development Could be Unfair or Deceptive

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On February 13, the Federal Trade Commission (FTC) released a blog post warning companies that it could be deemed an unfair or deceptive practice for a company to adopt more permissive data practices and to only inform...more

WilmerHale

Delaware Makes a Dozen States with a Comprehensive Privacy Law

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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

Sheppard Mullin Richter & Hampton LLP

Don’t Forget Deception: FTC and Biometrics

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

Perkins Coie

FTC Issues Policy Statement Regarding Biometric Information

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The Federal Trade Commission (FTC) issued a policy statement on May 18, 2023, addressing concerns relating to the collection and use of biometric information. The Biometrics Policy Statement, which the FTC’s Commissioners...more

BCLP

FTC Policy Statement to Biometric Information and Technology

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The Federal Trade Commission (“FTC”) has issued a policy statement addressing biometric technologies in a signal of enforcement actions to come: It states: “In light of the evolving technologies and risks to consumers, the...more

WilmerHale

FTC Signals Increased Scrutiny of Biometric Technologies

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On May 18, the Federal Trade Commission (FTC) issued a policy statement warning about the increased use of consumers’ biometric information and related marketing of technologies that use biometric information. The agency...more

Akerman LLP - Health Law Rx

FTC Cracks Down on BetterHelp’s Sharing of Health Information for Advertising

Following its February settlement with GoodRx, the Federal Trade Commission (FTC) has fired another shot across the bow in its ongoing campaign to protect consumers’ digital health information. Earlier this month the FTC...more

Seyfarth Shaw LLP

The Danger of Dark Patterns

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On November 3, the Federal Trade Commission (FTC) filed a Complaint and Stipulated Order in federal court against an internet phone service provider to stop it from imposing junk fees and making it difficult for users to...more

Bilzin Sumberg

FTC Lawsuit Reveals Fraught Issues Surrounding Sale of Consumer Data

Bilzin Sumberg on

The Federal Trade Commission (“FTC”) on Monday, August 29, 2022, sued Idaho-based Kochava Inc., a data broker, in the United States District Court for the District of Idaho, seeking a permanent injunction and other relief for...more

Nelson Mullins Riley & Scarborough LLP

Federal Trade Commission Initiates Privacy Rulemaking to Curb Commercial Surveillance

In a long-anticipated action, the Democratic-led Federal Trade Commission voted 3-2 on a party-line vote to issue an Advanced Notice of Proposed Rulemaking, which seeks to limit “commercial surveillance.”  The FTC asks if new...more

Hinshaw & Culbertson - Privacy, Cyber & AI...

Privacy Bill Essentials: Alaska

A comprehensive data protection and privacy bill (SB 116, HB 159) has been introduced in Alaska. Similar to the California Consumer Privacy Act (CCPA) and other recently proposed state laws, the Alaska Consumer Data Privacy...more

Morgan Lewis

Statewide CCPA Enforcement Post-Abbott Labs

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The California Consumer Privacy Act authorizes only the state attorney general to enforce the statute, but a pending statutory amendment and a recent California Supreme Court ruling could end up expanding enforcement power to...more

Mintz - Privacy & Cybersecurity Viewpoints

Senate COVID-19 Consumer Data Protection Act of 2020: Balancing Privacy with the Pandemic

Last month, we reported that the United States Senate, Committee on Commerce, Science, and Transportation, conducted a hearing on “Enlisting Big Data in the Fight Against Coronavirus.” Specifically, the Committee focused on...more

Proskauer - New Media & Technology

Members of Congress Request FTC Investigation of Financial Data Company’s Collection and Privacy Practices

Last week, Democratic Senators Ron Wyden and Sherrod Brown and Congresswoman Anna Eshoo sent a letter to FTC Chairman Joseph J. Simons urging the agency to investigate whether analytics firm Envestnet, Inc. (which operates...more

Faegre Drinker Biddle & Reath LLP

FTC Opinion Holds False Express Privacy Claims are Material

The Federal Trade Commission’s Opinion finding that Cambridge Analytica engaged in deceptive practices to harvest personal information closes another chapter in the Commission’s actions against Cambridge Analytica and its...more

Proskauer - New Media & Technology

Personal Email Management Service Settles FTC Charges over Allegedly Deceptive Statements to Consumers over Its Access and Use of...

This week, the FTC entered into a proposed settlement with Unrollme Inc. (“Unrollme”), a free personal email management service that offers to assist consumers in managing the flood of subscription emails in their inboxes....more

Womble Bond Dickinson

California Bill Mandates Privacy By Design For IoT Devices

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Manufacturers of Internet-connected devices (better known as the Internet of Things) should be following a new California bill closely because it would create a mandate under California law that all IoT devices have built-in...more

Carlton Fields

Learning from Venmo’s Compliance Issues: How to Avoid Inadequate Privacy Disclosures

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PayPal, the company responsible for the popular mobile payments app, Venmo, recently agreed to voluntarily bolster its privacy and security disclosures—and pay a $175,000 penalty—in response to an enforcement action brought...more

Kelley Drye & Warren LLP

FTC Hosts Workshop on Lead Generation

On October 30, 2015, the FTC held a workshop on lead generation to explore online lead generation in various industries. Lead generation, also called performance marketing, is the process of identifying or cultivating...more

Manatt, Phelps & Phillips, LLP

Advertising Law - October 2015 #2

"Flying Rabbi" Suit Crash Lands in NY Appellate Court - A New York man was unsuccessful in his lawsuit accusing Jimmy Kimmel of misappropriating his image during a skit on the late night TV show, Jimmy Kimmel Live! ...more

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