On August 14, the FTC announced a final rule that, according to the FTC, is intended to “combat fake reviews and testimonials.” The rule will go into effect on October 21, 2024. This final rule is the culmination of the FTC’s issuance of an advance notice of proposed rulemaking (ANPRM)
Continue Reading FTC Issues Final Rule on Reviews and TestimonialsJessica Ke
Jessica Ke is an associate in the firm’s Privacy and Cybersecurity and Advertising and Consumer Protection Investigations practice groups. Jessica advises clients on a wide range of regulatory and compliance issues, including compliance with state comprehensive privacy laws, advertising substantiation issues, and participation in the regulatory process. Jessica also maintains an active pro bono practice.
Nebraska Enacts Nebraska Data Privacy Act
On April 17, the Nebraska governor signed the Nebraska Data Privacy Act (the “NDPA”) into law. Nebraska is the latest state to enact comprehensive privacy legislation, joining California, Virginia, Colorado, Connecticut, Utah, Iowa, Indiana, Tennessee, Montana, Oregon, Texas, Florida, Delaware, New Jersey, New Hampshire, Kentucky, and Maryland. The NDPA will take effect on January 1, 2025. This blog post summarizes the statute’s key takeaways.Continue Reading Nebraska Enacts Nebraska Data Privacy Act
California Privacy Protection Agency Issues Enforcement Advisory on Data Minimization
On April 2, the Enforcement Division of the California Privacy Protection Agency issued its first Enforcement Advisory, titled “Applying Data Minimization to Consumer Requests.” The Advisory highlights certain provisions of and regulations promulgated under the California Consumer Privacy Act (“CCPA”) that “reflect the concept of data minimization” and provides two examples that illustrate how businesses may apply data minimization principles in certain scenarios.Continue Reading California Privacy Protection Agency Issues Enforcement Advisory on Data Minimization
California Attorney General Announces Second CCPA Settlement
The California Attorney General recently announced a settlement with DoorDash to resolve allegations that DoorDash violated the California Consumer Privacy Act (CCPA) and the California Online Privacy Protection Act (CalOPPA). Continue Reading California Attorney General Announces Second CCPA Settlement
FTC Announces Proposed Consent Orders Related to Location Data
The FTC recently announced proposed consent orders with Outlogic (formerly X-Mode Social) and InMarket Media concerning their collection and monetization of precise geolocation data. Both companies collect location data using software development kits (“SDKs”) installed in first and third party apps, among other data sources. According to the FTC’s complaints, Outlogic sold this data to third parties (including in a manner that revealed consumer’s visits to sensitive locations) without obtaining adequate consent, and InMarket used this data to facilitate targeted advertising without notifying consumers that their location data will be used for targeted advertising. In both cases, the FTC alleged that these acts and practices constituted unfair and/or deceptive acts or practices under Section 5 of the FTC Act. Continue Reading FTC Announces Proposed Consent Orders Related to Location Data