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Mintz - Privacy & Cybersecurity Viewpoints

California Privacy Protection Agency Reminds Us that “Dark Patterns” Are Illegal

Dark Patterns come into focus as the California Privacy Protection Agency (CPPA) issues September 4 Enforcement Advisory. Recently, I attempted to cancel a digital subscription. While I expected the cancellation function...more

Clark Hill PLC

Children’s Data Update: From FTC and State Agency Enforcement to KOSA Advancing the Senate

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On July 7, the FTC and the Los Angeles District Attorney’s Office filed a complaint in the United States District Court for the Central District of California against the developer of an anonymous messaging app (NGL Labs,...more

Jones Day

Here We Go Again: U.S. Congress Reintroduces New Comprehensive Federal Privacy Law

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With the bipartisan, bicameral proposed American Privacy Rights Act of 2024, the U.S. Congress seeks to adopt the first national personal data privacy and security law that would preempt comprehensive state privacy laws....more

Wiley Rein LLP

Wiley Consumer Protection Download (February 6, 2024)

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Welcome to Wiley’s update on recent developments and what’s next in consumer protection at the Consumer Financial Protection Bureau (CFPB) and Federal Trade Commission (FTC). In this newsletter, we analyze recent regulatory...more

Miller Nash LLP

FTC’s Most Recent Order Cracks Down on Sharing and Selling Users’ Location Data

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A recent settlement between the FTC and data broker X-Mode Social, Inc. (and its successor company Outlogic) signals the FTC’s growing focus on protecting individuals’ location data privacy, particularly when it comes to...more

Orrick, Herrington & Sutcliffe LLP

FTC alleges data broker company mishandled consumer location data

On January 9, the FTC released a proposed order and complaint against a data broker that sells consumer location data to companies. According to the complaint, which alleges seven violations of the FTC Act, the data broker...more

Jones Day

FTC Requires Non-Bank Financial Institutions to Report Data Security Breaches Under Amended Safeguards Rule

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On Friday, October 27, the Federal Trade Commission ("FTC") announced new amendments to the Safeguards Rule, requiring covered financial institutions to report certain data breaches to the FTC and reflecting its continuing...more

Dechert LLP

Dechert Cyber Bits - Issue 41

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FTC Finalizes Settlement with 1Health.io For Allegations It Failed to Protect Customers’ DNA Data - On September 6, 2023, the Federal Trade Commission’s agreement with the genetic testing firm 1Health.io Inc. – formerly...more

ArentFox Schiff

Three FTC Enforcement Trends to Watch This Fall

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The Federal Trade Commission’s (FTC) privacy and consumer protection enforcement program is in the midst of a transformative period under the leadership of Chair Lina Kahn. Three important, and new, areas of focus this year...more

ArentFox Schiff

Leaked FTC Civil Investigative Demand to OpenAI Provides a Rare Preliminary View of the Future of AI Enforcement

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On July 13, 2023, The Washington Post broke the news that the Federal Trade Commission (FTC) had issued a Civil Investigative Demand (CID) — a sort of a pre-litigation subpoena as part of what is supposed to be a nonpublic...more

Guidepost Solutions LLC

New EU-U.S. Data Privacy Framework Legalizes Personal Data Transfers from the EU to US

On July 10, 2023, the European Commission announced that it had adopted its adequacy decision for the EU-U.S. Data Privacy Framework (EU-U.S. DPF). This long-awaited decision means that for the first time since the EU-U.S...more

ArentFox Schiff

Generative Artificial Intelligence, Data Minimization, and the Gold Rush of the Early 2020s

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In the United States, the principle of data minimization is embedded firmly within the Federal Trade Commission (FTC) Act, through FTC enforcement activities, and in the host of state-level privacy laws and rules that have...more

K&L Gates LLP

FTC to Scrutinize Commercial Use of Biometric Information Moving Forward

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On 18 May 2023, the Federal Trade Commission (FTC) released a policy statement announcing its intention to combat unfair and deceptive acts related to the collection and use of consumers’ biometric information. This comes in...more

Hinch Newman LLP

FTC Seeks to Prohibit Meta's Monetization of Children's Data

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On May 3, 2023, the FTC announced that it is proposing a blanket prohibition preventing Facebook from monetizing youth data. The Commission alleges that the company violated the 2020 privacy order and now proposes new...more

Akerman LLP - Health Law Rx

The FTC Sends Another Warning to Digital Healthcare Platforms About Use of Tracking Pixels

The Federal Trade Commission (FTC) continues to prioritize the protection of consumers’ digital health information. The agency has demonstrated this commitment through enforcement actions against GoodRx and BetterHelp for...more

Jackson Lewis P.C.

FTC Focuses on Pixel Tracking, and Not Just at Healthcare Companies

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The Federal Trade Commission (FTC) recently took enforcement action against digital healthcare companies for sharing user information vie third-party tracking pixels, which enable the collection of user data....more

Hinch Newman LLP

FTC Finalizes Credit Karma Order Requiring Hefty Payment and the Cessation of Allegedly Deceptive ‘Pre-Approved’ Claims

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In September 2022, the Federal Trade Commission announced that it had taken action against credit services company Credit Karma for allegedly deploying dark patterns to misrepresent that consumers were “pre-approved” for...more

Cozen O'Connor

FTC Finalizes Consent Order with Drizly Following Security Breach Affecting 2.5 Million Customers

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The FTC finalized a consent order with Drizly, LLC and a related individual (collectively, “Drizly”) regarding alleged violations of the FTC Act. Drizly operates an e-commerce platform that allows local retailers to sell...more

Kramer Levin Naftalis & Frankel LLP

Proposed FTC Order Targets Drizly and Its CEO for Allegedly Lax Information Security Standards Following Data Breach

On Oct. 24, the Federal Trade Commission (FTC) issued a proposed decision and order against Drizly LLC and its CEO regarding allegations that the company’s security failures led to a data breach exposing the personal...more

Shutts & Bowen LLP

Changes to GLBA Safeguards Rule Affect More Than Traditional Financial Institutes

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The Gramm-Leach-Bliley Act (“GLBA”) was a bi-partisan regulation passed by Congress in 1999 in an attempt to update and modernize the financial industry. One component of the GLBA, its Safeguards Rule, requires financial...more

Wiley Rein LLP

Top Developments to Watch at the FTC on Privacy

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The Federal Trade Commission (FTC or Commission) now has a full slate of Commissioners with the confirmation and swearing-in of Commissioner Alvaro Bedoya, who brings an extensive background in privacy issues....more

Mintz - Privacy & Cybersecurity Viewpoints

FTC to Twitter: Do What You Say (Or Pay $150M If You Don’t)

Privacy law 101 includes a simple but important basic concept that organizations may only use personal information they collect for what they say they will, and how they say they will. According to the Federal Trade...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

Skadden, Arps, Slate, Meagher & Flom LLP

Privacy & Cybersecurity Update - January 2022

In this month’s Privacy & Cybersecurity Update, we examine the U.S. Chamber of Commerce’s letter to Congress calling for federal cybersecurity legislation, the New York attorney general’s report on “credential stuffing”...more

Cozen O'Connor

Lead Generation Company Settles Allegations It Misled Millions of Consumers to Collect Sensitive Financial Information

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The FTC reached a settlement with lead generation company ITMedia Solutions LLC and a number of related entities and individuals (collectively “ITMedia”) to resolve allegations that ITMedia used misleading marketing tactics...more

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