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Big Government? FTC Advocates for More Authority in Congressional Hearing

Last week, the House Committee on Energy and Commerce held a Committee Hearing on the Oversight of the Federal Trade Commission. All five Commissioners attended and their message was largely the same: the FTC needs additional...more

GDPR Sidebar: Comparing the California Consumer Privacy Act to the GDPR

California recently passed the California Consumer Privacy Act (CCPA), providing new rights for California consumers (broadly defined as California residents) regarding their personal data. The CCPA is modeled after the EU’s...more

California Enacts Sweeping Privacy Law; Will Other States Follow?

On June 28, 2018, Governor Brown signed into law the “California Consumer Privacy Act of 2018.” The legislation was a compromise to avoid a ballot initiative that was more closely modeled after the European Union’s General...more

California Enacts Sweeping Privacy Law; Will Other States Follow?

On June 28, 2018, Governor Brown signed into law the “California Consumer Privacy Act of 2018.” The legislation was a compromise to avoid a ballot initiative that was more closely modeled after the European Union’s General...more

GDPR SIDEBAR: Best Practices for Complying with GDPR Consent Requirements

Under the GDPR, processors must have a lawful basis for processing any data of an EU data subject. Consent is one of six lawful bases under the GDPR, and in this installment of GDPR SIDEBAR, we’ll cover best practices that...more

Colorado Reaches New High with Strict Data Breach Notification Law

On May 29, Colorado Governor John Hickenlooper signed into law HB18-1128 to strengthen data breach notification requirements for companies and government entities collecting and maintaining personal information from Colorado...more

New Watchdog, New Tricks: European Data Protection Board Adopts GDPR Guidelines and Releases Statement on ePrivacy Regulation

Less than one week after replacing the now defunct Article 29 Working Party (WP29), the European Data Protection Board (EDPB) has adopted new guidelines on the EU General Data Protection Regulation (GDPR) and issued a...more

SADDLE UP AMERICA: California Aims to Pass its Own GDPR Law

Just when you think you’ve tackled the Wild, Wild West of GDPR and privacy compliance, California decides to mix it all up again. This November 6th, California voters will decide on the California Consumer Privacy Act...more

GDPR SIDEBAR: Should You Be Complying with the New Data Protection Law?

You’ve probably heard of the dreaded four-letter word – GDPR. Companies around the globe had been preparing for the May 25th implementation date for quite some time. But U.S.-based companies with no apparent EU presence may...more

Why So BLU?: FTC Settles Privacy and Data Security Claims with Mobile Company; Fencing-In Relief Requires Consumer Opt-In to Data...

Earlier this week, the FTC settled its case with BLU Products, Inc., a cell phone company the FTC claimed misled consumers about its privacy and data security practices. According to the agency, the company represented that...more

Data Breach Notification Law Roundup

Just when you think you have it all under control, the data breach notification law landscape changes – again. Over the past few weeks, several data breach notification statutes were updated, including an effective date for...more

Full Panel of D.C. Circuit Upholds CFPB Structure, Reversing Earlier Decision

Earlier today, an en banc panel of the U.S. Court of Appeals for the D.C. Circuit ruled that the CFPB was constitutionally structured, reversing an earlier decision by a divided three-judge panel and holding that the...more

FTC Announces Settlement Involving Connected Toys

Earlier this week, the FTC announced its first settlement involving internet-connected toys. The FTC alleged that the Kid Connect app used with some of VTech’s toys collected personal information from hundreds of thousands of...more

House Antitrust Subcommittee Explores the Role of Antitrust Law in Net Neutrality

On November 1, 2017 the House Antitrust Law Subcommittee held a hearing to discuss the role of federal agencies in preserving an open Internet. The core question discussed at the hearing was whether current antitrust law...more

FTC Issues Enforcement Policy on Collection and Use of Voice Recordings of Children Under COPPA

On Monday, the FTC issued an Enforcement Policy Statement stating that the Commission will not take action against operators that collect an audio file of a child’s voice as a replacement for written words, such as for...more

Trump To Nominate Competition-Focused Simons for FTC Chair, CP-Focused Chopra for Commissioner; Reports of Philips for Additional...

After months of speculation among the consumer protection and antitrust bars, Trump announced today his intention to nominate former Director of the Bureau of Competition and current Paul Weiss partner Joseph Simons as...more

Moonlight Slumber Says “Goodnight” to Misleading and Unsubstantiated “Organic” Advertising Claims After Settlement with FTC

In its first case challenging “organic” claims, the FTC announced a settlement with Moonlight Slumber, LLC resolving charges that the company misrepresented or could not support a variety of environmental and health-related...more

Claiming Privacy Shield Participation on Your Website? Lessons from the FTC’s First Privacy Shield Enforcement Action

The Federal Trade Commission recently announced settlements with Decusoft, LLC, Tru Communication, Inc. (doing business as TCPrinting.net), and Md7, LLC, resolving allegations that the companies misrepresented their...more

CFPB Issues Final Rule Prohibiting Mandatory Pre-Dispute Arbitration Agreements for Covered Consumer Financial Products and...

The Federal Register published today the Consumer Financial Protection Bureau's (CFPB) final rule that was announced last week and would prohibit providers of covered consumer financial products and services from using...more

FTC Settles With Lead Generation Firm For Illegally Selling Consumer Data, False Data Security Promises

The FTC announced last week a settlement with Blue Global Media, LLC and its CEO Christopher Kay. The company operated 38 Internet domains that solicited online loan applications from consumers. The applications collected...more

One Employee in Europe Could Trigger New EU Data Protection Obligations

An Update on the New EU General Data Protection Regulation - On 16 April 2016, the EU adopted the General Data Protection Regulation (‘GDPR’) which largely rewrites and harmonizes the European legal framework of data...more

NetSpend Settles FTC Charges, Resolving Allegations that it Deceived Consumers over Access to Prepaid Funds

Last week the FTC announced that it had reached a settlement with NetSpend over allegations that NetSpend deceived consumers by promising “immediate access” with “guaranteed approval” to money loaded on its general purpose...more

Smart TV Manufacturer “Smarting” after $2.2 Million Privacy Enforcement

This week, the FTC announced a settlement with VIZIO, Inc., one of the world’s largest manufacturers of “smart” TVs. The settlement, also with the Office of the New Jersey Attorney General, arises from claims by regulators...more

FTC Announces Changes at the Helm of the Bureau of Consumer Protection; Thomas Pahl to Take Over as Acting Bureau Director...

Acting Chairman of the Federal Trade Commission Maureen Ohlhausen announced today that Thomas Pahl – a current partner at Arnall Golden Gregory with significant experience at both the FTC and the Consumer Financial Protection...more

EU Data Protection Authority Issues GDPR Action Plan, Swiss Sign Privacy Deal with U.S.

On January 16, 2017, the Article 29 Working Party (“Working Party”)—the EU’s central data protection advisory board—published a press release regarding its Action Plan for 2017, which was adopted as part of its wider...more

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