As the push for Congress to pass comprehensive consumer privacy legislation increases, Rep. Suzan DelBene (D-WA) has re-introduced the Information Transparency & Personal Data Control Act, a compromise proposal that contains provisions sought by both parties. This bill would create national data privacy standards and increase the enforcement authority of the Federal Trade Commission (FTC) … Continue Reading
On February 4, 2021, the House Energy and Commerce’s Subcommittee on Consumer Protection and Commerce held a hearing entitled, “Safeguarding American Consumers: Fighting Scams and Fraud During the Pandemic.” The hearing focused on the FTC’s ability to obtain equitable monetary relief under Section 13(b) of the FTC Act – an issue that is currently being … Continue Reading
With a new administration and a new Congress come key leadership changes and new priorities at the Federal Trade Commission (FTC). The change in administration paves the way for a Democratic-led Commission, though a permanent FTC Chairman and a successor to Commissioner Chopra (who has been nominated to head the Consumer Financial Protection Bureau) might … Continue Reading
On January 7, the Federal Trade Commission (“FTC”) reached a proposed settlement with Tapjoy, a California-based company that operates an advertising platform within mobile gaming applications. According to its complaint, the FTC alleges that Tapjoy deceived consumers by failing to provide in-game rewards it promised for completing actions associated with third-party advertisements.… Continue Reading
What guidance has the FTC recently provided on the use of AI and algorithms? Our colleagues, former FTC Commissioner, Terrell McSweeny, and AI Initiative Co-Chair, Lee Tiedrich, explain in The Journal of Robotics, Artificial Intelligence and Law.… Continue Reading
On May 8, 2020, the Federal Trade Commission (“FTC”) issued a notice soliciting public comment regarding whether changes should be made to its Health Breach Notification Rule (the “Rule”). The request for comment is part of a periodic review process “to ensure that [FTC rules] are keeping pace with changes in the economy, technology, and … Continue Reading
On April 6, 2020, Tapplock, Inc., a Canadian maker of internet-connected smart locks, entered into a settlement with the Federal Trade Commission (“FTC”) to resolve allegations that the company deceived consumers by falsely claiming that it had implemented reasonable steps to secure user data and that its locks were “unbreakable.” The FTC alleged that these … Continue Reading
In response to the COVID-19 outbreak, several U.S. government entities have released warnings about a rise in scams and fraudulent activity connected to the outbreak. In a recent bulletin, the FBI warned of a rise in phishing emails, counterfeit treatments or equipment for COVID-19 preparedness, and fake emails from the Centers for Disease Control and … Continue Reading
On January 30, House Rep. Kathy Castor (D-FL) introduced the Protecting the Information of our Vulnerable Children and Youth (“PRIVCY”) Act, a bill that promises to be a significant overhaul of the Children’s Online Privacy Protection Act (“COPPA”). Currently, COPPA applies only to personal information collected from children under 13 years old. The PRIVCY Act … Continue Reading
On November 26, 2019, a group of Democratic senators introduced the Consumer Online Privacy Rights Act (COPRA). This comprehensive privacy bill—sponsored by Senators Maria Cantwell (D-WA), Brian Schatz (D-HI), Amy Klobuchar (D-MN), and Ed Markey (D-MA)—would grant individuals broad control over their data, impose new obligations on data processing, and expand the FTC’s enforcement role … Continue Reading
On October 23, 2019, the European Commission (“Commission”) published its Report on the third annual review of the EU-U.S. Privacy Shield (“Privacy Shield”) (the Report is accompanied by a Staff Working Document). The Report “confirms that the U.S. continues to ensure an adequate level of protection for personal data transferred under the Privacy Shield” (see … Continue Reading
On October 17, Senator Ron Wyden introduced in the Senate a privacy bill that would expand the FTC’s authority to regulate data collection and use, allow consumers to opt out of data sharing, and create civil and criminal penalties for certain violations of the Act. The Mind Your Own Business Act of 2019 is the … Continue Reading
On September 10, 2019, 51 members of the Business Roundtable sent a letter to congressional leaders advocating principles for a national consumer data privacy law. The Business Roundtable’s Framework for Consumer Privacy Legislation offers a guide for potential federal legislation that would harmonize existing privacy regulations and preempt existing state and local data privacy laws. … Continue Reading
On September 3, 2019, the Federal Trade Commission (“FTC”) announced settlement agreements with five companies for alleged false claims of certification under the EU-U.S. and Swiss-U.S. Privacy Shield frameworks (collectively, “Privacy Shield”). These settlements indicate that the FTC is continuing to actively enforce Privacy Shield commitments, as it has done with respect to several other … Continue Reading
You may have heard the phrase “dark patterns” as shorthand for various user interfaces designed to influence users’ decisions. They can range from the perfectly innocent to the unethical, and even illegal. Whatever the form, dark patterns have recently drawn attention from the mainstream press. Dark patterns are coming out from the shadows. And when … Continue Reading
On March 5, 2019 the Federal Trade Commission (“FTC”) published requests for comment on proposed amendments to two key rules under the Gramm-Leach-Bliley Act (“GLBA”). Most significantly, the FTC is proposing to add more detailed requirements to the Safeguards Rule, which governs the information security programs financial institutions must implement to protect customer data. In … Continue Reading
At a February 27, 2019 hearing on “Privacy Principles for a Federal Data Privacy Framework in the United States,” Republican and Democratic members of the Senate Commerce, Science, & Transportation Committee offered different perspectives on whether new federal privacy legislation should preempt state privacy laws.… Continue Reading
On February 26, 2019, a key House subcommittee held a hearing to explore the possible contours of new federal privacy legislation. At the hearing, Rep. Jan Schakowsky (D-IL)—who chairs the Energy & Commerce Committee’s Subcommittee on Consumer Protection and Commerce—said the hearing on “Protecting Consumer Privacy in the Era of Big Data” was only the … Continue Reading
On February 12, the Federal Trade Commission (“FTC”) announced that, after a review of the Controlling the Assault of Non-Solicited Pornography and Marketing Act (“CAN-SPAM”) Rule as part of its periodic review of its regulations, it has determined that the Rule does not need to be modified at this time.… Continue Reading
On January 24, the European Data Protection Board (“EDPB”) adopted a report (“Report”) regarding the second annual review of the EU-U.S. Privacy Shield (“Privacy Shield”). In a press release accompanying the Report, the EDPB welcomed efforts by EU and U.S. authorities to implement the Privacy Shield, including in particular the recent appointment of a permanent … Continue Reading
Last month in In the Matter of 1-800 Contacts, Inc., the Federal Trade Commission (“FTC”) provided insight into the circumstances under which retail price competition may take place in the 21st century internet economy. In the Opinion authored by Chairman Joseph J. Simons (“Commission’s Opinion”) the Commission decided that 1-800 Contacts, the country’s largest online … Continue Reading
Just before the Thanksgiving holiday, the Federal Trade Commission (“FTC”) announced the issuance of consent orders involving Creaxion Corporation and Inside Publications, LLC to settle allegations that the companies misrepresented paid endorsements as independent opinions, and misrepresented paid commercial advertising as independent editorial content. As a result, these companies and their principals are now prohibited … Continue Reading
Last week, the National Telecommunications and Information Administration (“NTIA”) released submissions it had received from the Federal Trade Commission (“FTC”) staff and many other parties on NTIA’s proposed framework for advancing consumer privacy while protecting innovation. Although NTIA did not request comments on a possible federal privacy bill, most submissions took the opportunity to inform … Continue Reading
Earlier today, the Federal Trade Commission (“FTC”) announced that it will host a series of public hearings on whether “broad-based changes in the economy, evolving business practices, new technologies, or international developments might require adjustments to competition and consumer protection enforcement law, enforcement priorities, and policy.” FTC Chairman Joe Simons noted that “important and significant … Continue Reading
