News & Analysis as of

Unfair or Deceptive Trade Practices Personal Data

Proskauer on Privacy

My Health, My Dollar: Amazon’s Health Data Troubles in Washington

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Amazon faces allegations of unauthorized data collection in violation of federal and state privacy laws, including a first-of-its-kind claim under Washington’s My Health My Data Act (“MHMDA”). The MHMDA restricts businesses...more

Cozen O'Connor

Arkansas AG Latest to Put Brakes on Allegedly Unauthorized Collection and Sale of Driver Data

Cozen O'Connor on

Arkansas AG Tim Griffin 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...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

Husch Blackwell LLP

First Washington My Health My Data Act Class Action Lawsuit Filed

Husch Blackwell LLP on

On February 10, 2025, a class action lawsuit was filed against an online retailer under the Washington My Health My Data (MHMD) Act’s private right of action. The complaint also alleges violations of federal wiretapping and...more

BCLP

Will This Be on the Exam? FTC Staff Issues Two Initial Reports on Surveillance Pricing

BCLP on

On January 17, 2025, the staff at the Federal Trade Commission (FTC) released their first results from the FTC’s Surveillance Pricing market study. The FTC staff reports, including both a “staff perspective” and an “issue...more

Robinson+Cole Data Privacy + Security Insider

FTC Settles Case with GM over Allegations of Collection + Use of Drivers’ Precise Geolocation

In its continued concentration on the collection and use of consumers’ precise geolocation, on January 16, 2024, the Federal Trade Commission (FTC) settled with General Motors (GM) over allegations that it collected, used,...more

Troutman Pepper Locke

Florida Court of Appeals Holds Personal Claims Under the FCCPA are Not Assignable

Troutman Pepper Locke on

The Court of Appeals for the Fourth District of Florida affirmed a trial court’s holding that claims under the Florida Consumer Collection Practices Act (FCCPA) cannot not be assigned. In KAC 2021-1, LLC v. Mary T. Matuskah...more

Baker Botts L.L.P.

A Landmark Lawsuit in Data Privacy: Texas v. Allstate

Baker Botts L.L.P. on

In a groundbreaking enforcement action, Texas Attorney General Ken Paxton has filed a lawsuit against Allstate Corporation and its subsidiary Arity, alleging systematic violations of the Texas Data Privacy and Security Act...more

Venable LLP

Federal Agencies Increase Focus on Pricing Enforcement

Venable LLP on

Last month, the Federal Trade Commission (FTC) and U.S. Department of Justice (DOJ) jointly hosted a public meeting of the interagency “Strike Force on Unfair and Illegal Business Practices.” The meeting was a continuation of...more

DLA Piper

FTC Reiterates that Hashed and Pseudonymized Data is Still Identifiable Data

DLA Piper on

The Federal Trade Commission (FTC) reiterated its long-held view that hashing or pseudonymizing identifiers does not render data anonymous, in a post to its Technology Blog on July 24, 2024....more

Womble Bond Dickinson

Inbox Overload: Massachusetts Lawsuits Target Online Retailers’ Email Collection

Womble Bond Dickinson on

The Massachusetts’ Consumer Privacy in Commercial Transactions Act (the “Act”) limits companies’ ability to request and collect personal identification information (“PII”) that is not required for a transaction. The Act does...more

Clark Hill PLC

Children’s Data Update: From FTC and State Agency Enforcement to KOSA Advancing the Senate

Clark Hill PLC on

On July 7, the FTC and the Los Angeles District Attorney’s Office filed a complaint in the United States District Court for the Central District of California against the developer of an anonymous messaging app (NGL Labs,...more

WilmerHale

Maryland and Nebraska Adopt Comprehensive Privacy Laws

WilmerHale on

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

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

Lowenstein Sandler LLP

Trade Matters - Lowenstein Sandler's Global Trade & National Security Newsletter - April 2024

Ford Motor Company Agrees to $365M Settlement for Attempted Tariff Engineering Ford has agreed to settle the long-standing dispute over the tariff classification of vans imported from 2009 to 2013. At the time, Customs and...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

Benesch

New FTC Investigation Into OpenAI May Shed Light on Developing AI Enforcement Landscape

Benesch on

In the strongest regulatory move made against OpenAI since the launch of its Artificial Intelligence (AI) chatbot ChatGPT in November 2022, the Federal Trade Commission (FTC) has opened an investigation to determine whether...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 Actions Against Amazon’s Alexa and Ring Divisions for Violations of User Privacy

WilmerHale on

On May 31, the Federal Trade Commission (FTC or Commission) announced two separate enforcement actions against Amazon—one involving its cloud-based voice service, Alexa, and the other involving Ring, its smart doorbell...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

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

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

Benesch

Federal Trade Commission Looking at New Rules to Combat Discrimination in Algorithms and Poor Security Practices

Benesch on

The brief FTC note indicates the agency will look to combat poor security practices, protect against the misuse of personal information, and discrimination arising from algorithmic decision-making. Last month, the...more

Jackson Walker

Proposed Bill Seeks to Limit the Audacity of Opacity on the Internet

Jackson Walker on

Online platforms may soon face restrictions on how they use personal data to customize content and information feeds to users. Recently proposed bipartisan legislation in the U.S. House of Representatives aims to...more

Cozen O'Connor

Too Good to Be True: MoviePass Allegedly Did Not Honor Its “One Movie Per Day” Promise

Cozen O'Connor on

The Federal Trade Commission (“FTC”) approved a settlement with movie ticket subscription service MoviePass, Inc., its parent company Helios and Matheson Analytics, Inc. (“Helios”), as well as Helios’s current and former...more

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