As many businesses occupy themselves with coming into compliance with the California Consumer Privacy Act (CCPA) before the law’s effective date of January 1, 2020, Congress is renewing discussion of a possible comprehensive...more
12/11/2019
/ California Consumer Privacy Act (CCPA) ,
Congressional Committees ,
Corporate Counsel ,
Data Privacy ,
Enforcement Authority ,
Federal Trade Commission (FTC) ,
Legislative Agendas ,
Preemption ,
Privacy Laws ,
Private Right of Action ,
Section 5 ,
State Attorneys General ,
State Data Privacy Laws
On June 12, 2019 Lightyear Dealer Technologies LLC, a company that provides data storage for many of the nation’s largest auto dealers, stipulated to an Order with the Federal Trade Commission (FTC) resulting from a 2016 data...more
6/17/2019
/ Assessment ,
Compliance ,
Consent Order ,
Corporate Executives ,
Data Breach ,
Data Security ,
Data Storage ,
Data Storage Providers ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
Injunctive Relief ,
Popular ,
Section 5 ,
Settlement ,
Stipulated Judgment ,
Third-Party
On June 6, the U.S. Court of Appeals for the Eleventh Circuit vacated a cease-and-desist order by the Federal Trade Commission (FTC) issued against LabMD, Inc. (LabMD) arising from an FTC enforcement action alleging that...more
6/13/2018
/ Administrative Law Judge (ALJ) ,
Appeals ,
Cease and Desist Orders ,
Data Breach ,
Data Security ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
FTC Act ,
LabMD ,
Section 5 ,
Vacated
On February 6, 2017, the FTC and New Jersey Attorney General and Department of Consumer Affairs filed a Complaint and Stipulated Order for Permanent Injunction and Monetary Judgment against television manufacturer VIZIO,...more
On January 5, 2017, the FTC filed a complaint against the Taiwanese company D-Link and its US subsidiary, D-Link Systems. D-Link and its subsidiary manufacture and sell networked devices, including routers and...more
On November 10, the US Court of Appeals for the Eleventh Circuit granted LabMD’s motion to stay enforcement, pending appeal, of a Federal Trade Commission (FTC) order against the company for its allegedly deficient data...more
In a widely anticipated move, the Federal Trade Commission (FTC) has overruled a decision by its own Administrative Law Judge (ALJ) that had dismissed a case against a medical testing laboratory accused of unreasonable data...more
For the first time since 2009, the potential civil penalties for violating an administrative consent order under Section 5(b) of the FTC Act is going up. The maximum civil penalty the Federal Trade Commission (FTC) can now...more
7/6/2016
/ CAN-SPAM Act ,
Civil Monetary Penalty ,
COPPA ,
Energy Policy and Conservation Act (EPCA) ,
Fair Credit Reporting Act (FCRA) ,
Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 ,
Federal Trade Commission (FTC) ,
FTC Act ,
Interim Rule ,
Labeling ,
Section 5 ,
Telemarketing Sales Rule
A mobile device’s geolocation can be passed to apps and ad networks through various application programming interfaces (APIs) provided by Android or iOS, but there are other ways to determine a consumer’s location using...more
In an effort to “reduce some of the ambiguous legal liability” that exists under Section 5 of the FTC Act, the House Energy and Commerce trade subcommittee advanced eleven legislative initiatives consolidated into four bills...more
The Federal Trade Commission's (FTC) recent report, Big Data: A Tool for Inclusion or Exclusion?, released on January 6, warns businesses engaged in big data analytics that the practice poses liability risks. While the FTC...more