Verkada, a manufacturer and retailer of security cameras, has settled FTC accusations of lax security measures. The company sells its products to businesses, including schools and medical facilities. It markets its products...more
The Children’s Advertising Review Unit recently settled with KidGeni – a generative art platform intended for children- for allegedly violating both CARU’s guidelines and COPPA. According to CARU, which is a self-regulatory...more
8/19/2024
/ Artificial Intelligence ,
CARU ,
Class Action ,
COPPA ,
Data Collection ,
Enforcement ,
Federal Trade Commission (FTC) ,
Machine Learning ,
Online Platforms ,
Parental Consent ,
Personal Information ,
Privacy Laws
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
Earlier this month, accompanying an update to a rule prohibiting the impersonation of businesses and governments, the FTC sought comments on extending the rule to prohibit impersonation of individuals. The agency indicated...more
The FTC is beginning 2024 with a bang. Just a few short days after announcing a settlement with lead-generation company Response Tree, the FTC has announced another decision. In this latest announcement, the FTC has described...more
Continuing its focus on potential dark patterns, the FTC has reached a settlement with the lead generation company Response Tree LLC and its president over allegations that the company ran sites that tricked people into...more
The FTC recently announced a settlement with Global Tel*Link, a telecommunications company that contracts with prisons and jails to provide communication services to incarcerated individuals and their families. Those who use...more
The FTC’s second attempt to pursue the data broker, Kochava, continues to move forward. The amended complaint, which was just unsealed and thus available for the public to review, gives insight into the agency’s perspective...more
The FTC continues its focus and concern on use of technologies that integrate artificial intelligence, this time turning to potential consumer harm with voice cloning technology. Today the commission announced a challenge...more
As many who are keeping track of generative AI developments are aware, the FTC recently announced that it is investigating OpenAI’s ChatGPT product. For the privacy practitioner this investigation is important given that...more
With the ongoing BIPA litigation activity in Illinois surrounding collection of biometrics, it can be easy to forget that other issues might surround this practice. Last month the FTC reminded companies not to forget general...more
6/14/2023
/ Biometric Information ,
Data Collection ,
Data Privacy ,
Data Security ,
Federal Trade Commission (FTC) ,
FTC Act ,
Machine Learning ,
Privacy Laws ,
Section 5 ,
Tracking Systems ,
Unfair or Deceptive Trade Practices
Retailers and service providers should take note: the Federal Trade Commission (FTC) is increasing its scrutiny of negative option marketing activity to combat unfair or deceptive practices related to subscriptions,...more
3/24/2023
/ Advertising ,
Automatic Renewals ,
Comment Period ,
Federal Trade Commission (FTC) ,
Marketing ,
Notice of Proposed Rulemaking (NOPR) ,
Payment Plans ,
Proposed Rules ,
Retailers ,
Subscription Services ,
Unfair or Deceptive Trade Practices
The New York and Pennsylvania AGs settlement with Herff Jones from late last year provides guidance to businesses about expected security measures as we enter into 2023. The case arose after Herff Jones, producer and seller...more
2/2/2023
/ Consumer Information ,
Credit Cards ,
Data Breach ,
Data Privacy ,
Data Security ,
Data Selling ,
Federal Trade Commission (FTC) ,
New York ,
NYDFS ,
Pennsylvania ,
Privacy Laws ,
Risk Assessment ,
Settlement ,
State Attorneys General
The FTC recently took action against the online alcohol marketplace company Drizly and its CEO for alleged security failures. The case arose from a 2018 data breach which was caused – according to the FTC – by poor security...more
Following its 2021 Dark Patterns enforcement policy, the FTC recently issued a staff report on the practice. The report summarized many of the cases the agency has brought against companies it alleges have engaged in “dark...more
Following -by a day- a privacy-related claim challenge brought against another advertiser, the National Advertising Division found that advertiser DuckDuckGo had sufficiently substantiated its privacy claims. These cases are...more
7/28/2022
/ Advertising ,
Customer Privacy ,
Data Collection ,
Data Protection ,
Data Security ,
Federal Trade Commission (FTC) ,
FTC Act ,
Mobile Apps ,
NAD ,
Privacy Laws ,
Search Engines ,
Web Browsers
The National Advertising Division, a self-regulatory body that examines the truth and accuracy of advertising claims, recently examined privacy claims made by Brave, Inc. Using the same analysis given to other advertising...more
In this second post in our ongoing series, we examine key takeaways for companies in light of the recently released draft CPRA regulations. Today’s focus is on issues surrounding consumer choice:...more
The FTC recently reminded companies that principles of fairness and the likelihood of harm may in some cases prompt breach notification. This requirement might exist even if state breach notice laws have not been triggered...more
The FTC recently took two well-publicized steps in the children’s privacy space. First, it penalized WW International (formerly, Weight Watchers) and its subsidiary, Kurbo, for alleged COPPA violations. Second, it unanimously...more
5/31/2022
/ COPPA ,
Data Collection ,
Data Privacy ,
Data Protection ,
Data Security ,
Federal Trade Commission (FTC) ,
Mobile Apps ,
Online Safety for Children ,
Parental Consent ,
Personally Identifiable Information ,
Websites
Dark patterns have been a recent regulatory focus. The FTC issued an enforcement policy late last year, and the European Data Protection Board followed suit with guidelines this spring. The two have slightly different takes...more
Video games have come a long way. They have morphed from simulated games of ping pong to today’s fully-immersive virtual reality games that leverage biometrics and artificial intelligence (AI)...more
A California-based lead generation company recently settled with the FTC for $1.5 million over alleged privacy violations. The FTC argued that the company deceptively acquired consumer personal information and improperly...more
OpenX Technologies recently agreed to pay $2 million to settle FTC allegations that the advertising platform violated the FTC Act and the Children’s Online Privacy Protection Act. OpenX runs a programmatic ad exchange,...more
Just as we thought 2022 was going to be significantly different than 2021, December 2021 and January 2022 events have thrown us for another (pandemic) loop. We anticipate that some of the privacy and cybersecurity...more
1/12/2022
/ Artificial Intelligence ,
Auto-Dialed Calls ,
Biometric Information ,
Biometric Information Privacy Act ,
California Consumer Privacy Act (CCPA) ,
California Privacy Rights Act (CPRA) ,
CAN-SPAM Act ,
CARU ,
CDPA ,
Consumer Privacy Rights ,
COPPA ,
Cross-Border Transactions ,
Cybersecurity ,
Data Breach ,
Data Privacy ,
Data Security ,
Employee Tracking ,
EU ,
FCC ,
Federal Trade Commission (FTC) ,
Food and Drug Administration (FDA) ,
General Data Protection Regulation (GDPR) ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Identity Theft ,
Machine Learning ,
Mobile Privacy ,
Ransomware ,
SCOTUS ,
TCPA