Barry Cutler

Barry Cutler has extensive experience in counseling and litigating trade regulation and consumer law matters including investigations and prosecutions by the Federal Trade Commission (FTC) and state agencies. He has also handled a broad variety of civil and white collar criminal litigation. He concentrates his practice on consumer issues including advertising, credit, business opportunities, marketing and direct selling, FTC regulation and trade associations.

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FTC Amends Its COPPA Rule to Protect Children Online After Technology Advances In Gathering Their Personal Information

By Barry Cutler on December 26, 2012 Posted in Children’s Privacy, Online Privacy

Technology advances often help consumers do things quicker or easier. For regulators and law enforcers, such advances often present challenges in keeping laws and regulations up to date. The latest example is amendments announced by the Federal Trade Commission (“FTC”) on December 19, 2012, to update its Children’s Online Privacy Protection Act (“COPPA”) Rule, which … Continue Reading

Wow! Government Amends Red Flags Rule to Make it Narrower

By Barry Cutler on December 14, 2012 Posted in Identity Theft

Congress, FTC Restrict Definition of “Creditors” who must Adopt a Formal Plan to Prevent, Detect ID Theft In journalism, the adage goes, “man bites dog” is news. The regulatory equivalent should be “government amends Rule to make it narrower.” Yet that is what the Congress and the FTC have done to the definition of “creditors” … Continue Reading

Recent FTC Civil Penalties for Privacy Violations Show Need for Companies to Ensure Compliance with their Privacy Policies

By Barry Cutler on August 27, 2012 Posted in Online Privacy

After several years where telemarketing fraud and exercise/weight loss products seemed to top the FTC’s agenda, the time has come when stepped up privacy enforcement against companies that are household names means that all consumer oriented firms need to take notice. This month, the FTC announced a settlement with Google that involves a $22.5 million … Continue Reading

FTC Proposes Updating COPPA Rules to Address Mobile Technologies and Current Digital Advertising Practices in Gathering and Using Information from Children Under 13

By Barry Cutler on August 6, 2012 Posted in Children’s Privacy, Online Privacy

The Children’s Online Privacy Protection Act (“COPPA”) was passed by Congress at the end of the last century to add protections when an internet site sought to collect “personally identifiable information” (“PII”) from children under 13. The Congress directed the Federal Trade Commission to issue Rules to implement the Act, which it did. Now the … Continue Reading