News & Analysis as of

Data Protection Unfair or Deceptive Trade Practices

Seyfarth Shaw LLP

Careful Data Governance Is a Must Amid Enforcement Focus

Seyfarth Shaw LLP on

Corporations face unprecedented challenges in safeguarding sensitive data and mitigating privacy risks in an era marked by the rapid proliferation of Internet of Things, or IoT, devices....more

Sheppard Mullin Richter & Hampton LLP

NY AG Releases Website Privacy Guides for Businesses and Consumers

New York Attorney General Letitia James recently released guidance for businesses and consumers about website tracking technologies. The consumer guide provided examples of common cookies, tracking technologies, and how...more

Sheppard Mullin Richter & Hampton LLP

We Don’t Use Dark Patterns!? FTC and Consumer Protection Networks Review Suggests You Might

In its ongoing concern with “dark patterns,” the FTC recently announced results of two reviews of sites and apps purportedly engaging in the practice. As a reminder, the FTC views as “dark patterns” practices or web designs...more

Kelley Drye & Warren LLP

Arkansas AG Files Suit, Labels Temu a Data-Theft Business

Tim Griffin, Arkansas Attorney General, did not mince words when he filed a lawsuit against the parent companies of Temu, stating in a press release, ​“Temu is not an online marketplace like Amazon or Walmart. It is a...more

Robinson+Cole Data Privacy + Security Insider

Maryland Online Data Privacy Act

On May 9, 2024, Governor Wes Moore signed the Maryland Online Data Privacy Act (MODPA) into law. MODPA applies to any person who conducts business in Maryland or provides products or services targeted to Maryland residents...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

Ballard Spahr LLP

FTC Warns That “Quietly Changing” Privacy Policies May Be an Unfair or Deceptive Practice

Ballard Spahr LLP on

The FTC published guidance warning companies that “[i]t may be unfair or deceptive for a company to adopt more permissive data practices—for example, to start sharing consumers’ data with third parties or using that data for...more

Quarles & Brady LLP

Privacy Priorities for 2024 (and Beyond)

Quarles & Brady LLP on

The upcoming year will continue to hold challenges for data privacy programs. The Quarles Privacy Week 2024 programming from this week has provided an overview of the upcoming issues and challenges that are on the horizon....more

Faegre Drinker Biddle & Reath LLP

State AG Updates: Data Privacy & Security; Consumer Protection; Wage & Employment; Unfair & Deceptive Practices; Health Care Fraud...

At a Glance - In this final edition for 2023, the number and breadth of data privacy and security enforcement actions demonstrate that state AGs are flexing their muscles and playing a significant regulatory role in this...more

WilmerHale

Federal Court Unseals FTC Complaint Against Kochava Alleging Unfair Data Practices

WilmerHale on

On November 3, a federal court in the District of Idaho unsealed an amended complaint that the Federal Trade Commission (FTC) had filed in June 2023 against Kochava. The complaint alleges that Kochava engaged in unfair acts...more

Wyrick Robbins Yates & Ponton LLP

The Next Post They Write Might Be About You: The FTC’s Business Blog Calls Out Health Data Practices That Can Violate Section 5

In another example of the agency’s practice of regulation by blog, the FTC published last week a Business Blog Post about protecting consumer health information. The post, which summarizes key points from several recent...more

Woods Rogers

FTC Opens Consumer Protection Investigation of OpenAI, Creator of ChatGPT

Woods Rogers on

The Investigation - The Federal Trade Commission (FTC) recently opened an investigation into OpenAI, creator of ChatGPT, to determine whether the artificial intelligence company violated consumer protections laws. According...more

WilmerHale

FTC Announces Enforcement Action Against 1Health.io for Inadequate Protection of Genetic Data and Unfair Privacy Policy Changes

WilmerHale on

On June 16, the Federal Trade Commission (FTC) announced an enforcement action against 1Health.io Inc. (“1Health,” also known as Vitagene, Inc.), a genetic testing company that analyzes consumer-provided DNA samples and uses...more

Perkins Coie

FTC Issues Policy Statement Regarding Biometric Information

Perkins Coie on

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

WilmerHale

FTC Signals Increased Scrutiny of Biometric Technologies

WilmerHale on

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

Orrick, Herrington & Sutcliffe LLP

FTC testifies on privacy efforts

On April 18, FTC Chair Lina M. Khan and Commissioners Rebecca Slaughter and Alvaro Bedoya testified before the House Energy and Commerce Subcommittee on Innovation, Data, and Commerce on the agency’s efforts to protect...more

Kelley Drye & Warren LLP

Overreach, Data Privacy & More: A Rundown of the Fiscal Year 2024 FTC Budget Hearing

On Tuesday April 18, FTC Chair Khan, and Commissioners Bedoya and Slaughter spent almost three hours responding to criticism and compliments before the Subcommittee on Innovation, Data, and Commerce of the House Energy and...more

Spilman Thomas & Battle, PLLC

All Consuming - Financial Litigation Insights, Issue 10, 2022

A recent survey by PricewaterhouseCoopers revealed that U.S. executives now consider cyberattacks the number one risk their companies face. Concerns about cybersecurity have moved beyond the Chief Information Security Office...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

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

Sheppard Mullin Richter & Hampton LLP

CFPB: Safeguard Consumer Data or Face Liability

The CFPB recently published a circular clarifying liability under consumer financial protection law for financial companies that fail to safeguard consumer data. The circular describes how firms may be violating the CFPA’s...more

Lathrop GPM

Fintechs Beware: CFPB Builds on FTC Safeguards for Consumer Data

Lathrop GPM on

On August 11, 2022, the Consumer Finance Protection Board issued Consumer Financial Protection Circular 2022-04 for enforcers of federal consumer financial laws. The new Circular reflects the consumer watchdog’s increasing...more

Cadwalader, Wickersham & Taft LLP

CFPB and FTC Take Aim at Bevy of Data Practices

In the heat of summer, the nation’s top consumer protection agencies have issued startling and transformative statements and rules regarding data practice.  First up, the Consumer Financial Protection Bureau issued a...more

Buchalter

The CFPB Expands Its UDAAP Authority Further Into Data Security Issues

Buchalter on

Continuing a trend it has been pursuing, the CFPB on Thursday used a non-rulemaking circular (Consumer Financial Protection Circular 2022-04) to state that its UDAAP authority extends its enforcement authority to situations...more

Katten Muchin Rosenman LLP

Kattison Avenue | Issue 8 - Spring 2022

Kattison Avenue examines the latest topics in advertising law affecting today's advertisers, advertising and promotions agencies, technology developers, content producers and entertainment companies. ...more

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