Tag Archives: unfairness

Appellate Court Stays Enforcement of FTC’s LabMD Order

In an order released last week, the Eleventh Circuit temporarily delayed enforcement of the Federal Trade Commission’s (FTC) order in the LabMD case.  As we reported earlier, the FTC ruled in July that LabMD’s data security practices violated the FTC Act, clarifying and expanding upon the FTC’s authority to regulate corporate data security practices.  After … Continue Reading

FTC: LabMD’s Data Security Practices Violated the FTC Act

The Federal Trade Commission (FTC) issued a unanimous opinion and order today, vacating the Administrative Law Judge’s (ALJ) initial decision and finding that LabMD’s data security practices were “unfair” under Section 5 of the FTC Act.  In August 2013, the FTC issued a complaint against LabMD, alleging that its failure to implement adequate data security … Continue Reading

AT&T Court Narrowly Interprets FTC Common Carrier Exception and Permits Throttling Case To Go Forward, Addresses Net Neutrality Issue

As we previously reported, in January AT&T filed a Motion to Dismiss the Federal Trade Commission’s (FTC’s) complaint alleging that AT&T engaged in unfair and deceptive conduct in violation of Section 5 of the FTC Act when it “throttled” mobile broadband subscribers who were “grandfathered” into the company’s unlimited mobile data plan.  AT&T moved to … Continue Reading

AT&T Challenges FTC Jurisdiction Over Non-Common Carrier Activities of Common Carriers

As we previously reported, in October 2014 the Federal Trade Commission (FTC) filed a complaint against AT&T in federal court alleging that AT&T’s “throttling” practices for mobile broadband subscribers who were “grandfathered” into the company’s unlimited mobile data plan were unfair and deceptive in violation of Section 5 of the FTC Act.  On Monday, AT&T … Continue Reading

FTC and Wyndham to Mediate Dispute Over FTC Data-Security Authority

Earlier this week, U.S. District Court Judge Esther Salas directed the Federal Trade Commission (“FTC”) and Wyndham Hotels and Resorts to seek mediation to resolve their landmark dispute over whether the FTC has the authority to regulate companies’ data-security practices.  As we’ve previously reported, the FTC alleged that Wyndham violated Section 5 of the FTC … Continue Reading

FTC Says AT&T Fails to Deliver on ‘Unlimited’ Data Promises

Yesterday, the Federal Trade Commission (FTC) filed a complaint against AT&T alleging that the company misled consumers by limiting its “unlimited” data plan for mobile customers. The FTC’s two-count complaint, which was filed in the U.S. District Court for the Northern District of California, alleges that AT&T violated Section 5 of the FTC Act, which … Continue Reading

Google to Refund Consumers at Least $19 Million to Settle FTC Complaint It Unlawfully Billed Parents for Children’s Unauthorized In-App Charges

The Federal Trade Commission (“FTC”) announced on Thursday, September 4 that Google has agreed to settle charges and refund no less than $19 million to consumers whose children were allegedly deceived into making mobile purchases through the Android app store. Google offers thousands of apps for free or a specific dollar amount through its Google … Continue Reading

FTC Sues Amazon Over Allegedly Unauthorized In-App Purchases

By: Nora Diamond The Federal Trade Commission (“FTC”) brought suit last week against Amazon.com for allegedly collecting unauthorized in-app charges in connection with children’s apps. The FTC alleges that, by failing to require the account holder to enter a password before allowing a charge, Amazon unfairly billed parents for millions of dollars in unauthorized purchases. … Continue Reading

Breaking Down the Court’s Decision in FTC v. Wyndham Worldwide Corp.

Last week, a federal judge in the District of New Jersey denied Wyndham Hotels and Resorts’ motion to dismiss the FTC’s complaint alleging Wyndham violated the FTC Act by failing to provide reasonable security for its customers’ personal information.  This Covington E-Alert provides a detailed look at the parties’ arguments and the court’s holdings in … Continue Reading

FTC Announces $32.5M Settlement with Apple, Inc., May Be Seen as Expanding its “Unfairness” Authority

The Federal Trade Commission (“FTC”) recently announced a settlement with Apple, Inc. over allegations that the company billed parents and other account holders for children’s in-app activities without obtaining the account holders’ express and informed consent. The FTC’s complaint alleged that Apple’s failure to obtain express and informed consent prior to each in-app purchase constituted … Continue Reading
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