News & Analysis as of September 17, 2024

Unfair or Deceptive Trade Practices

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Follow this channel for advisories on one of the biggest threats to businesses today. Read a morning brief of fresh guidance and commentary by leading lawyers on security, privacy, risk management, global regulations, data protection, leaks, hacking, cyber insurance, compliance, HIPAA, and every other aspect of cybersecurity of import to corporate readers right now. less -

Careful Data Governance Is a Must Amid Enforcement Focus

Seyfarth Shaw LLP on 9/13/2024

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

Wireless Roundup (February 2024)

Wiley Rein LLP on 2/2/2024

FCC Requests Comment on CPNI/SIM Change Authentication Item: In this Further Notice of Proposed Rulemaking (FNPRM), the Federal Communications Commission (FCC or Commission) seeks comment on whether to harmonize the existing...more

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

Faegre Drinker Biddle & Reath LLP on 12/14/2023

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

FTC Announces Enforcement Action Against Global Tel*Link Corporation for Unfair Data Security Practices and Inadequate Data Breach...

WilmerHale on 12/8/2023

On November 16, the Federal Trade Commission (FTC) announced an enforcement action against Global Tel*Link Corporation and two of its subsidiaries (collectively, “GTL”), which provide communications and payment services to...more

FTC Announces Enforcement Actions Against Amazon’s Alexa and Ring Divisions for Violations of User Privacy

WilmerHale on 6/7/2023

On May 31, the Federal Trade Commission (FTC or Commission) announced two separate enforcement actions against Amazon—one involving its cloud-based voice service, Alexa, and the other involving Ring, its smart doorbell...more

Part 1: Privacy in 2023 – What to Expect and How to Prepare

NAVEX on 3/1/2023

Privacy law compliance in the United States today demands resilience, flexibility, and responsiveness. To date, the U.S. Congress has failed to enact broadly applicable privacy standards to govern companies uniformly...more

Not What the Doctor Ordered: GoodRx to Pay $1.5 Million in FTC’s First Enforcement of the Health Breach Notification Rule

Wyrick Robbins Yates & Ponton LLP on 2/15/2023

The Federal Trade Commission earlier this month undertook an enforcement action against online pharmacy and telehealth provider GoodRx, in the latest example of the agency seriously pursuing its role as the nation’s de facto...more

All Consuming - Financial Litigation Insights, Issue 10, 2022

Spilman Thomas & Battle, PLLC on 12/7/2022

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

FTC Takes Action Against Online Merchandise Platform Over Data Breach & Privacy Practices

WilmerHale on 3/22/2022

In the latest of a flurry of FTC actions, the agency recently announced that it had entered into a consent order with CafePress, an online customized merchandise platform, over allegations that it failed to secure consumers’...more

Data Breach: No Injury-in-Fact, Case Dismissed

Knobbe Martens on 11/25/2020

It well known that there are, unfortunately, many data breaches that frequently put private citizens’ data privacy in jeopardy. States have passed a variety of statutes aimed at addressing this problem in an attempt to...more

FTC Settles with Zoom Over Subpar Security and Misleading Data Privacy Practices

Rothwell, Figg, Ernst & Manbeck, P.C. on 11/16/2020

Earlier this week, the Federal Trade Commission (FTC) announced a settlement with Zoom that will require the company to enhance its data security practices to address allegations that the videoconferencing provider engaged in...more

Pending U.S. Supreme Court Cases May Restrict FTC’s Pursuit of Monetary Relief in Privacy and Cybersecurity Matters

Orrick, Herrington & Sutcliffe LLP on 7/27/2020

Earlier this month, the U.S. Supreme Court agreed to hear a pair of cases that provide it with the opportunity to severely restrict the Federal Trade Commission’s (“FTC’s”) authority to obtain equitable money relief in...more

Proposed Amendment to the North Carolina Identity Theft Protection Act

Spilman Thomas & Battle, PLLC on 7/24/2020

In April 2019, with the introduction of House Bill 904, a bi-partisan effort was made to strengthen cyber security in North Carolina. H.B. 904 seeks to make North Carolina's Identity Theft Protection Act one of the strongest...more

Utah Considers a Cybersecurity Safe Harbor as Ransomware Runs Riot

Stoel Rives - Global Privacy & Security Blog® on 2/26/2020

Last year the FTC mandated what an organization’s written cybersecurity program should include to avoid being deemed “unfair and deceptive” to consumers, and this year California consumers whose personal information is...more

Interactive Counsel Newsletter: Privacy Report: FBI Issues Updated Ransomware Guidance

ArentFox Schiff on 11/21/2019

FBI Issues Updated Ransomware Guidance - A recent report from New Zealand-based cybersecurity firm Emsisoft has revealed the extent to which ransomware is being used in cyberattacks in the United States. The first 9 months...more

Twenty Years Under the Microscope: A Small Business, a Data Breach and the FTC

Sunstein LLP on 8/30/2019

James Grago has a nice business going. He runs a website called ClixSense.com that permits users to earn money by completing surveys and watching advertisements. Revenues grew from $6.7 million in 2015 to $9.1 million in...more

NY Dept. of Financial Services issues proposed student loan servicer regulations

Ballard Spahr LLP on 8/13/2019

The New York Department of Financial Services (NYDFS) has issued proposed regulations to implement the legislation enacted in April 2019 that requires servicers of student loans to be licensed, imposes servicing standards,...more

FTC Data Security Settlement with Auto Dealer Software Provider Goes Further than Ever Before - Provides Detailed Specifications...

Wilson Sonsini Goodrich & Rosati on 6/21/2019

On June 12, 2019, the Federal Trade Commission (FTC) announced it had reached a proposed settlement with LightYear Dealer Technologies, LLC (doing business as "DealerBuilt") over allegations that the automobile software...more

Eighth Circuit Finds No Duty for Retailers to Safeguard Personal Data of Customers - Consumer Protection Violation Requires Actual...

Fenwick & West LLP on 6/6/2019

Pursuing negligence claims in the Eighth Circuit following a data breach just got harder. On May 31, 2019, the U.S. Court of Appeals for the Eighth Circuit again dismissed the data breach claims in In re SuperValu, Inc....more

Strict Privacy and Data Security Bill Introduced in North Carolina

Fisher Phillips on 5/13/2019

Early last year, I posted about tougher, bi-partisan privacy and data security legislation in the works in North Carolina. North Carolina State Representative Jason Saine (R), Senior Appropriations Chair, teamed-up with North...more

North Carolina Amendments to Data Breach Law Finally Introduced

Moore & Van Allen PLLC on 4/17/2019

On April 16, 2019, Representatives Saine, Jones and Reives introduced House Bill 904, the long anticipated amendments to the North Carolina Identity Theft Protection Act, N.C. Gen. Stat. § 75-61 et seq.. We first wrote about...more

North Carolina Attorney General Proposes Stringent Data Breach Legislation

K&L Gates LLP on 2/21/2019

On January 17, 2019, North Carolina Attorney General Josh Stein (D) and Representative Jason Saine (R) held a press conference announcing plans to introduce legislation that would strengthen North Carolina’s Identity Theft...more

Here We Go Again? NY Considers Consumer Privacy Bill

Ward and Smith, P.A. on 1/29/2019

On the heels of the California Consumer Privacy Act ("CCPA"), the state of New York has kicked off the New Year with proposed legislation in the same vein as the CCPA....more

FTC Announces Plans to Hold Roundtables on Consumer Protection and Competition Issues - Privacy, Data Security, Big Data and the...

Holland & Knight LLP on 8/14/2018

On Aug. 6, 2018, the Federal Trade Commission (FTC) announced plans to hold a series of public hearings from the fall of 2018 to January 2019 that will focus on key issues impacting the U.S. consumer. Specifically, these...more

Takeaways From the 11th Circuit’s Reversal of the FTC’s Data Security Order Against LabMD

Fenwick & West LLP on 7/5/2018

The U.S. Court of Appeals for the Eleventh Circuit on June 6 issued its long-awaited decision in LabMD v. Federal Trade Commission, vacating a Federal Trade Commission cease and desist order directing LabMD to overhaul its...more

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