News & Analysis as of

Federal Trade Commission (FTC) Data Collection Section 5

Venable LLP

Accelerating Privacy Scrutiny: Key Developments for the Auto Industry

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Recent U.S. developments indicate a growing focus on regulating and investigating the data privacy practices of companies in the automotive sector. The Federal Trade Commission (FTC) recently highlighted in a blog post its...more

Hinch Newman LLP

FTC Order Will Ban U.K.-Based Software Provider from Selling Browsing Data for Ad Purposes and Require It to Pay $16.5MM Over...

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On February 24, 2024, the Federal Trade Commission announced that it will require software provider Avast to pay $16.5MM and prohibit the company from selling or licensing any web browsing data for advertising purposes to...more

Morgan Lewis

FTC Settlements Provide Updated Guidance on Collection or Use of Geolocation Data

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The Federal Trade Commission (FTC) recently reached two settlements in actions against data brokers concerning their use of consumer location data and banning them from collecting, using, or selling consumer location data...more

The Volkov Law Group

Data Privacy Update — Keeping Up with Developments

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When it comes to data privacy and regulation of personal information, United States companies face a number of major challenges.  Compliance is not easy when you have fast-moving targets.  The single biggest cause of this...more

Wyrick Robbins Yates & Ponton LLP

FTC Gives it to X-Mode: 5 Lessons from the Agency’s Latest Consumer Location Data Case

The FTC announced an action last week against location data broker X-Mode Social and its corporate successor Outlogic (collectively, “X-Mode”) based on several alleged violations of Section 5 of the FTC Act. According to FTC...more

Spilman Thomas & Battle, PLLC

Are Automakers Making Sufficient Efforts to Protect Customer Data?

With the ever-expanding Internet of Things, data privacy is a growing concern in today’s digital age. The automotive industry is no exception. The National Highway Traffic Safety Administration (“NHTSA”) has broad regulatory...more

Wyrick Robbins Yates & Ponton LLP

The Next Post They Write Might Be About You: The FTC’s Business Blog Calls Out Health Data Practices That Can Violate Section 5

In another example of the agency’s practice of regulation by blog, the FTC published last week a Business Blog Post about protecting consumer health information. The post, which summarizes key points from several recent...more

Sheppard Mullin Richter & Hampton LLP

Regulators Send Warning Letter to Hospitals and Telehealth Providers About Tracking Technology Use

The FTC and OCR at HHS are continuing to scrutinize the use of tracking technologies that may reveal information about a person’s health or health status. Both agencies recently sent a letter to a reported 130 hospitals and...more

Sheppard Mullin Richter & Hampton LLP

Don’t Forget Deception: FTC and Biometrics

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

Perkins Coie

FTC Issues Policy Statement Regarding Biometric Information

Perkins Coie on

The Federal Trade Commission (FTC) issued a policy statement on May 18, 2023, addressing concerns relating to the collection and use of biometric information. The Biometrics Policy Statement, which the FTC’s Commissioners...more

Davis Wright Tremaine LLP

FTC Articulates Consumer Privacy Concerns – Potential Misuse of Biometric Information and Technologies

On May 18, 2023, the Federal Trade Commission (FTC) issued a policy statement warning that the proliferation of technologies that use or claim to use biometric information may bring risks with regard to consumer privacy and...more

Fenwick & West LLP

FTC Sets Policy Priorities for Biometric Information

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The FTC recently published a policy statement with its enforcement priorities for the misuse of biometric information. To be clear, there are no new federal laws that specifically regulate the collection or use of biometric...more

WilmerHale

FTC Signals Increased Scrutiny of Biometric Technologies

WilmerHale on

On May 18, the Federal Trade Commission (FTC) issued a policy statement warning about the increased use of consumers’ biometric information and related marketing of technologies that use biometric information. The agency...more

BakerHostetler

FTC Issues Warning on Use of Biometric Information

BakerHostetler on

On May 18, 2023, the Federal Trade Commission (FTC) issued a Policy Statement on Biometric Information and Section 5 of the FTC Act (Policy Statement). Section 5 of the FTC Act, 15 U.S.C. § 45, prohibits “unfair or deceptive...more

Ballard Spahr LLP

FTC Challenge to Data Broker Precise Geolocation Sale Dismissed with Leave to Amend

Ballard Spahr LLP on

In a ruling published May, 4, the Federal District Court of Idaho granted defendant data broker Kochava’s motion to dismiss a complaint filed by the Federal Trade Commission (“FTC”). In its complaint, the FTC alleged that...more

Bilzin Sumberg

FTC Lawsuit Reveals Fraught Issues Surrounding Sale of Consumer Data

Bilzin Sumberg on

The Federal Trade Commission (“FTC”) on Monday, August 29, 2022, sued Idaho-based Kochava Inc., a data broker, in the United States District Court for the District of Idaho, seeking a permanent injunction and other relief for...more

Troutman Pepper

FTC Settlement with Lead Generator Enumerates FCRA and Privacy Requirements for Lead Sales

Troutman Pepper on

A recent settlement between the Federal Trade Commission (FTC) and a lead generator provides new insight into the FTC’s enforcement of sensitive personal data collection and sales under the Fair Credit Reporting Act (FCRA)...more

BCLP

FTC Says that One Cannot Retain the Fruit of the Tainted Tree

BCLP on

Setting new precedent in the world of data, the FTC has found that the work product of ill-gotten data is no longer retainable by the developer.  On January 11, 2021, the U.S. Federal Trade Commission (FTC) announced that it...more

Faegre Drinker Biddle & Reath LLP

FTC Opinion Holds False Express Privacy Claims are Material

The Federal Trade Commission’s Opinion finding that Cambridge Analytica engaged in deceptive practices to harvest personal information closes another chapter in the Commission’s actions against Cambridge Analytica and its...more

Akin Gump Strauss Hauer & Feld LLP

Recent FTC Settlements Highlight Risks of Flawed Information Security Practices and Related Representations

In a set of recent settlements, the Federal Trade Commission (the FTC or Commission) resolved charges against two companies, ClixSense and D-Link, for failing to provide reasonable security and to live up to their data...more

Ballard Spahr LLP

Petition filed with FTC seeking investigation of use of “secret surveillance scoring”

Ballard Spahr LLP on

The Consumer Education Foundation, a California-based nonprofit consumer advocacy organization, has filed a petition with the FTC asking it to investigate the use of “secret surveillance scores” in the U.S. marketplace....more

Sheppard Mullin Richter & Hampton LLP

FTC and Car Dealership Software Company Reach Security Settlement

The FTC recently settled with LightYear Dealer Technologies, maker of DealerBuilt software, over allegations that the company failed to provide adequate protection for the personal data it houses. The companies’ clients...more

Faegre Drinker Biddle & Reath LLP

Further Expansion of Data Security Requirements in FTC Order with LightYear Dealer Technologies

The FTC has entered into a settlement with LightYear Dealer Technologies, doing business as DealerBuilt, a technology company that develops and sells dealer management system (DMS) software and data processing services to...more

Manatt, Phelps & Phillips, LLP

Advertising Law - March 2017

FTC Fights Back in LabMD Suit - The Federal Trade Commission demonstrated its intention to fight for the power to regulate data security by filing a 111-page brief with the U.S. Court of Appeals for the Eleventh Circuit in...more

Davis Wright Tremaine LLP

The Real Takeaway from VIZIO’s Privacy FTC Settlement

It has been widely reported that VIZIO, Inc., a large television manufacturer, settled a Complaint brought by the FTC and the Attorney General of New Jersey for $2.2 million for alleged unfair and deceptive acts and practices...more

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