News & Analysis as of

Data Security Cybersecurity Unfair or Deceptive Trade Practices

Seyfarth Shaw LLP

Careful Data Governance Is a Must Amid Enforcement Focus

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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

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

WilmerHale

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

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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

Woods Rogers

FTC Opens Consumer Protection Investigation of OpenAI, Creator of ChatGPT

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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

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

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

Sheppard Mullin Richter & Hampton LLP

CFPB Circular: Safeguard Consumer Data or Face Liability

On August 11, the CFPB published a circular clarifying liability under consumer financial protection law for bank and nonbank financial companies that fail to safeguard consumer data. The circular describes how firms may be...more

Epstein Becker & Green

FTC Has Full Slate of Commissioners

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Last week, the U.S. Senate confirmed the nomination of Alvaro Bedoya to fill the open fifth Commissioner seat on the Federal Trade Commission (FTC). The confirmation fills the vacancy left when Rohit Chopra resigned in...more

WilmerHale

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

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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

Hinshaw & Culbertson - Privacy, Cyber & AI...

Privacy Bill Essentials: Proposed Federal Children and Teens' Online Privacy Protection Act

In an effort to strengthen protections relating to the online collection, use, and disclosure of personal information of children and minors, U.S. Senators Edward J. Markey of Massachusetts and Bill Cassidy of Louisiana...more

Proskauer - Advertising Law

FTC Workshop: “Bringing Dark Patterns to Light”

The FTC recently held a workshop titled “Bringing Dark Patterns to Light,” a recording of which can be found at the following link. The workshop centered around exploring the effects of digital “dark patterns” on consumers...more

Hinshaw & Culbertson - Privacy, Cyber & AI...

Privacy Bill Essentials: Rhode Island

A new data protection and privacy bill has been introduced in Rhode Island. The Rhode Island Transparency and Privacy Protection Act (TPPA) provides more narrow protections than privacy bills proposed in other states. If...more

Rothwell, Figg, Ernst & Manbeck, P.C.

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

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

Womble Bond Dickinson

Zoom Settles with the FTC on Video Surveillance and Encryption Overstatement

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The Federal Trade Commission (“FTC”) conducted an investigation into Zoom Video Communications, Inc.’s (“Zoom”) privacy and security practices and announced a settlement agreement on November 9, 2020. As a part of the...more

Mintz - Privacy & Cybersecurity Viewpoints

“When You Promise Security, You Need to Deliver Security”

If your company is marketing any smart device, particularly if the device is involved with home security and collects personal information from users, it’s time to pay attention to the story of Tapplock. Tapplock, Inc....more

Sunstein LLP

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

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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

Wilson Sonsini Goodrich & Rosati

FTC Settles Data Security Case, Continuing Trend of Requiring Comprehensive Security Programs and Third-Party Assessments

On July 2, 2019, the Federal Trade Commission (FTC) announced a settlement with smart home products manufacturer, D-Link, regarding allegations that D-Link misrepresented the security of its wireless routers, modems, and...more

Faegre Drinker Biddle & Reath LLP

FTC Litigation with D-Link Ends with Comprehensive Settlement

In 2017, the FTC filed a complaint against D-Link Systems, Inc. (D-Link) alleging that the Taiwan-based computer networking equipment manufacturer had taken inadequate security measures which left its wireless routers and...more

Wilson Sonsini Goodrich & Rosati

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

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

Fisher Phillips

Strict Privacy and Data Security Bill Introduced in North Carolina

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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

Mintz - Privacy & Cybersecurity Viewpoints

The Phantom Menace: Office Depot Settles with FTC Over Fake Virus Scans

Office Depot and its tech support provider, Support.com, proved to be anything but “supportive” after allegedly providing false malware scan results and conning customers into paying for repairs and technical services that,...more

Snell & Wilmer

The Anatomy of an FTC Data Security Lawsuit

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The Federal Trade Commission (“FTC”) has described itself as “Your cop on the privacy beat” and a top federal regulator of consumer-facing data security practices. An example of how the FTC asserts itself when it comes to...more

Holland & Knight LLP

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

Holland & Knight LLP on

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

Fenwick & West LLP

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

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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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