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Unfair or Deceptive Trade Practices Data Breach

Alston & Bird

Class Action & MDL Roundup 2024 Q1 – Reaching Across the Pond

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Welcome back to the Class Action & MDL Roundup! This edition covers notable class actions from the first quarter of 2024. In this edition, UK High Court weighs in on information asymmetry, debit is better than credit,...more

McGlinchey Stafford

Texas Mortgage Loan Rule Changes

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The Texas Department of Savings and Mortgage Lending has proposed a wide-ranging overhaul of its rules concerning residential mortgage loan originators (RMLOs), loan companies, mortgage bankers, and servicers. Some of the...more

Faegre Drinker Biddle & Reath LLP

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

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

WilmerHale

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

WilmerHale on

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

Davis Wright Tremaine LLP

Litigation Preparedness Following a Data Breach: Three Tips to Consider During the Incident Response Period

Data breaches come in many different forms, sizes, and levels of complexity, but they tend to share certain key facts: A third-party bad actor—whether through a phishing attack, a ransomware attack, exploitation of a zero-day...more

Polsinelli

Regulatory Overreach/Litigation Remedies To Curtail Regulatory Excess by Federal Trade Commission

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With the rise of large-scale, high-profile data breaches, the Federal Trade Commission has expressed its intent to hold companies accountable. (See “Consumer Financial Protection Circular 2022-04,” Consumer Financial...more

Wyrick Robbins Yates & Ponton LLP

Consent Horizon: BetterHelp to Pay $7.8 Million to Settle FTC Claims

On the heels of its $1.5 million enforcement action against GoodRx, the FTC is back with an enforcement action against BetterHelp, an online mental health counseling service. This time the price tag will be $7.8 million,...more

Manatt, Phelps & Phillips, LLP

FTC Targets Health Care Privacy, Deception Issues

Last week, the FTC announced settlements in two health-related proceedings: the first regarding company adherence to privacy practices regarding sensitive health data and the second surrounding false and deceptive...more

WilmerHale

FTC Continues Enforcement Focus on the Use and Disclosure of Health Information for Advertising

WilmerHale on

On Thursday, March 2, the FTC announced an enforcement action against BetterHelp, Inc., an online mental health counseling service, relating to claims that the company’s collection and use of consumer health data were unfair...more

Fox Rothschild LLP

Better Keep Health Data Private, FTC Signals to On-Line Health Care Providers

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Watch out HHS, the FTC is taking the lead in enforcing privacy violations by companies also subject to HIPAA. BetterHelp, an on-line mental health platform, engaged in unfair and unreasonable privacy practices according to...more

Wyrick Robbins Yates & Ponton LLP

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

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

Kelley Drye & Warren LLP

Is the FTC a “Regulator”?  It Sure Seems to be Moving in that Direction  

For the 26+ years I served at the FTC, the agency always described itself as a “law enforcement agency,” not a “regulator.” That’s because the FTC spent most of its resources on enforcing the FTC Act and other laws passed by...more

Wiley Rein LLP

Wiley Consumer Protection Download (February 13, 2023)

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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

Eversheds Sutherland (US) LLP

FTC diagnoses common digital practices as both UDAP and breach

In a groundbreaking decision, the Federal Trade Commission (FTC) announced it was diagnosing GoodRx’s use of tracking pixel codes and analytics, its digital strategy, as not only an unfair or deceptive act or abusive practice...more

Goodwin

CFPB Issues Circular Confirming that Financial Companies May Violate Consumer Financial Protection Law by Failing to Protect...

Goodwin on

In August 2022, the Consumer Financial Protection Bureau (CFPB) published a circular confirming that, under certain circumstances, entities may “violate the prohibition on unfair acts or practices in the Consumer Financial...more

Ballard Spahr LLP

CFPB Warns Failure to Safeguard Consumer Data May Be Unfair Act or Practice

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On August 11, the CFPB published a circular confirming that covered persons and service providers under the Consumer Financial Protection Act (CFPA) may violate the CFPA’s prohibition against unfair acts or practices when...more

Robinson+Cole Data Privacy + Security Insider

Crypto Wallet Data Breach Leads to Class Action Litigation

Plaintiffs filed suit in the District Court for the District of Delaware against Shopify Inc. and TaskUs Inc., alleging that the companies failed to implement measures to prevent a data breach that resulted in a breach of...more

Wyrick Robbins Yates & Ponton LLP

Buyers Beware: the FTC’s Case Against CafePress Highlights Privacy and Data Security Risks in Corporate Transactions

Last week the Federal Trade Commission announced a privacy and data security enforcement action against the online retail platform CafePress. The allegations in the FTC’s complaint read like a list of worst practices,...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

Cozen O'Connor

The State AG Report – 3.17.2022

Cozen O'Connor on

Here are last week’s curated AG and federal regulatory news stories highlighting key areas in which state and federal regulators’ decisions are having an impact across the US: •Connecticut AG Tong Doesn’t Want to Hear...more

Cozen O'Connor

The State AG Report - Volume 7, Issue 45

Cozen O'Connor on

Here are last week’s curated AG and federal regulatory news stories highlighting key areas in which state and federal regulators’ decisions are having an impact across the US - Supermarket Chains Agree to Divest Stores Over...more

Cozen O'Connor

Too Good to Be True: MoviePass Allegedly Did Not Honor Its “One Movie Per Day” Promise

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The Federal Trade Commission (“FTC”) approved a settlement with movie ticket subscription service MoviePass, Inc., its parent company Helios and Matheson Analytics, Inc. (“Helios”), as well as Helios’s current and former...more

Holland & Knight LLP

Food and Beverage Law Update: July 2021

Holland & Knight LLP on

"The overwhelming majority of courts have concluded that neither COVID-19 nor the governmental orders associated with it cause or constitute property loss or damage for purposes of insurance coverage." So concluded the...more

Wilson Sonsini Goodrich & Rosati

Spotlight on Antitrust: FTC Open Meeting Reflects Changing Tide

On July 1, the Federal Trade Commission (FTC) held its first open meeting in decades. At the meeting, the FTC adopted the four items on its agenda, all along partisan lines. The Commission rescinded the 2015 Statement of...more

Bilzin Sumberg

Standing in a Data Breach Case May Depend on Where a Plaintiff Stands

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To sue in federal court, a plaintiff must allege an injury that the court can actually remedy, rather than just issuing an advisory opinion, and a connection between the defendant’s conduct and the actual injury. See...more

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