Tag Archives: FTC

2023 DSIR Report Deeper Dive: Privacy at the FTC – What Are the Hot Topics Almost Two Years Into the Khan Administration?

Photo of Daniel KaufmanBy Daniel Kaufman on Posted in FTC
It has been almost two years since Lina Khan was designated the new Federal Trade Commission (FTC) chair, and it has been an eventful few years. One of the many questions being asked is “Where do things stand at the FTC on privacy?” Congress has yet to pass comprehensive privacy legislation, and the FTC continues … Continue Reading

With New Enforcement Action, FTC Warns Against Health Information Being Used for Advertising Purposes

Photo of Daniel KaufmanPhoto of Aleksandra VoldBy Daniel Kaufman and Aleksandra Vold on Posted in FTC
If the Federal Trade Commission’s (FTC) recent pursuits did not make clear the agency’s deep concerns about the use of health information for advertising purposes, a new enforcement action brought by the FTC against BetterHelp – to the tune of $7.8 million – should leave no uncertainty. Factual Allegations BetterHelp provides online counseling services and … Continue Reading

The FTC’s Latest Staff Report on Dark Patterns: A Warning for Marketing Teams and UX Designers

Photo of Andreas KaltsounisBy Andreas Kaltsounis on Posted in FTC
The Federal Trade Commission issued a detailed [staff report] on September 15 addressing Dark Patterns (or what some more descriptively call “manipulative design,” but Dark Patterns seems to be sticking). Regulators are focusing increased attention on these manipulative designs and it’s critical for marketing, user experience and design teams to understand this topic.… Continue Reading

Why Everyone Is Talking About a Rarely Invoked Rule – the FTC’s Health Breach Notification Rule

Photo of Daniel KaufmanBy Daniel Kaufman on Posted in Advertising, Enforcement, FTC, HHS, HIPAA/HITECH, Privacy
Back in September, the Federal Trade Commission (FTC) issued (by a 3-2 vote) a policy statement (the Statement) regarding the oft-forgotten Health Breach Notification Rule (the Rule). I was at the FTC when the Statement was released and have since joined BakerHostetler. Around the time I joined BakerHostetler, my new colleague Melissa Hewitt published an … Continue Reading

FTC Puts 700+ Companies on Notice to Expect to Pay Penalties for Any Endorsement Violations

Photo of Linda A. GoldsteinPhoto of Amy Ralph MudgePhoto of Randal M. ShaheenPhoto of John P. FerryPhoto of Matthew RenickBy Linda A. Goldstein, Amy Ralph Mudge, Randal M. Shaheen, John P. Ferry and Matthew Renick on Posted in Advertising, FTC
By: Linda Goldstein, Amy Mudge, Randy Shaheen, Jack Ferry and Matt Renick The Federal Trade Commission (FTC or Commission) announced on Oct. 13 a widespread enforcement action against deceptive endorsement practices. The Commission sent a Notice of Penalty Offenses to more than 700 companies, notifying them that conduct related to fake or misleading endorsements and … Continue Reading

FTC Issues Statement Warning Health Apps to Notify Consumers About Data Breaches

Photo of Melissa HewittBy Melissa Hewitt on Posted in Data Breaches, Enforcement, FTC, HIPAA/HITECH
The U.S. Federal Trade Commission (FTC) issued a policy statement on Sept. 15, 2021, warning that the decade-old Health Breach Notification Rule (the rule) – which applies to companies that handle personal health records or collect health data –  to notify consumers, the FTC and, in some cases, the media about data breaches. “In practical … Continue Reading

SEC Scrutinizes Use of Fintech by Broker-Dealers and Investment Advisers

Photo of Teresa Goody GuillénPhoto of Jonathan A. FormanPhoto of Madison GaudreauBy Teresa Goody Guillén, Jonathan A. Forman and Madison Gaudreau on Posted in FinTech, FTC, SEC
The Securities and Exchange Commission (“SEC”) recently issued a request for information and public comment on the use of new and emerging technologies by investment advisers and broker-dealers that suggests potential regulatory action to come.[1] According to its release, the SEC is seeking to understand how registrants — whether online brokerages, robo-advisers, internet investment advisers, … Continue Reading

COVID-19 Consumer Protection Act Shows Alternative Path to Monetary Remedies

Photo of Randal M. ShaheenPhoto of John P. FerryBy Randal M. Shaheen and John P. Ferry on Posted in FTC
A recent Federal Trade Commission (FTC) action demonstrates how the FTC has pivoted toward enforcement actions based on specific acts of Congress and rules in light of the Supreme Court’s ruling in AMG Capital. Congress passed the COVID-19 Consumer Protection Act in December 2020, which made deceptive acts or practices involving the treatment, cure, prevention, … Continue Reading

Focus on Children’s Privacy Intensifies as Daily Life Moves Online

Photo of Carolina AlonsoPhoto of Melinda L. McLellanBy Carolina Alonso and Melinda L. McLellan on Posted in Children’s Privacy
With physical schools closed indefinitely, classrooms have moved online, either introducing or significantly expanding children’s use of virtual education technology and highlighting certain privacy concerns. Responding to this evolving environment, on April 9 the Federal Trade Commission (FTC) issued COPPA Guidance for Ed Tech Companies and Schools during the Coronavirus to address some common compliance … Continue Reading

FTC Announces Enforcement Action, Warning Letters for Companies Falsely Claiming Privacy Shield Participation

Photo of Shea M. LeitchBy Laura E. Jehl and Shea M. Leitch on Posted in EU-U.S. Privacy Shield Framework
The Federal Trade Commission (FTC) recently announced a compliance sweep of companies claiming to be in compliance with the U.S.-EU Privacy Shield and U.S.-Swiss Privacy Shield Frameworks. The U.S.-EU Privacy Shield and the U.S.-Swiss Privacy Shield programs enable companies to self-certify that they have adopted a number of data protection practices to bring their businesses … Continue Reading

FTC Launches a New Task Force Dedicated to Monitoring the Tech Industry for Anti-Competitive Practices

Photo of Janine Anthony BowenPhoto of Alexandra RoyalBy Janine Anthony Bowen and Alexandra Royal on Posted in Advertising, Marketing
The Federal Trade Commission announced the creation of a new task force that is dedicated to monitoring competition in the U.S. technology industry. This Technology Task Force will coordinate and consult with 17 staff attorneys throughout the FTC who have experience in complex product and service markets, including the markets for online advertising, social networking, … Continue Reading

New FTC Provides Insights Into Its Plan for a Balanced Approach to Data Privacy and Security

Photo of Carolina AlonsoBy Alan L. Friel, John Busch and Carolina Alonso on Posted in Federal Legislation, GDPR, Online Privacy
This year brought unprecedented focus on consumer privacy – the rollout of the European Union General Data Protection Regulation (GDPR), the Cambridge Analytica controversy and Congressional hearings, a GDPR-light law coming out of California, more and bigger security incidents, and multiple proposals for an omnibus federal data protection law. The Federal Trade Commission (FTC or … Continue Reading

The Weekly Privacy Rewind

By Aaron Lancaster on Posted in Weekly Privacy Rewind
State AGs Coalition of AGs Asks Social Security Administration to Establish Database of SSNs to Combat ID Theft • Forty-three state AGs sent a letter to acting Social Security Administration (SSA) Commissioner Nancy Berryhill urging the SSA to swiftly develop a database that would make it easier for financial institutions to verify consumers’ personal information. … Continue Reading

The Weekly Privacy Rewind

By Aaron Lancaster on Posted in Weekly Privacy Rewind
GDPR European Regulators Fine Uber Over 2016 Data Breach • British and Dutch privacy regulators issued fines totaling approximately $1.2 million against ride-hailing company Uber over its 2016 data breach. • According to the U.K.’s Information Commissioner’s Office, “a series of avoidable data security flaws” led to the exposure of personal information of approximately 2.7 … Continue Reading

The Weekly Privacy Rewind

By Aaron Lancaster on Posted in GDPR, Weekly Privacy Rewind
Class Actions Pennsylvania Supreme Court Declares Employers Have Affirmative Duty to Protect Employee Personal Information • According to a recent opinion by the Pennsylvania Supreme Court, “an employer has a legal duty to exercise reasonable care to safeguard its employees’ sensitive personal information stored by the employer on an internet-accessible computer system.” • The putative … Continue Reading

EU-U.S. Privacy Shield Framework Joint Annual Review 2.0

By David M. Brown on Posted in Enforcement, International Privacy Law
As we previously reported here, the Federal Trade Commission (FTC) announced several enforcement actions in late 2017, on the eve of the first annual joint EU-U.S. review of the Privacy Shield Framework. Now the second annual review of the EU-U.S. Privacy Shield Framework is underway, and the FTC has announced several new enforcement actions, which … Continue Reading

Broker-Dealer and Investment Adviser Agrees to Settle SEC Enforcement Action Arising From a Data Security Incident

By Will R. Daugherty and John Busch on Posted in Enforcement, Incident Response
The U.S. Securities and Exchange Commission (SEC) recently announced a consent order settling an enforcement action brought by the SEC against Voya Financial Advisors Inc. (VFA) in connection with a data security incident that occurred in 2016. VFA is a registered broker-dealer and investment adviser with the SEC. The order memorializes the SEC’s agreement to … Continue Reading

The Weekly Privacy Rewind

By Aaron Lancaster on Posted in Weekly Privacy Rewind
BIPA Medline and Con Tech Lighting Latest Illinois Employers Hit With Claims under BIPA • Two Illinois employers, Con Tech Lighting and Medline Industries, are the latest to face claims alleging violations of Illinois’ Biometric Information Privacy Act. • In the Con Tech complaint, the named plaintiff, who is seeking class certification, alleges that she … Continue Reading

The Weekly Privacy Rewind

By Aaron Lancaster on Posted in Weekly Privacy Rewind
Class Actions Judge Approves $80M Settlement in Yahoo Data Breach Suit • U.S. District Judge Lucy Koh awarded plaintiffs $80 million in a consolidated class action brought against Yahoo by shareholders resulting from data breaches Yahoo experienced in 2014 and 2016. • According to the suit, Yahoo’s stock was trading at an artificially high price … Continue Reading

New Mexico Attorney General Is Turning Up the Heat on Enforcement of Data Privacy Laws

Photo of Sara GoldsteinBy Sara Goldstein and Aaron Lancaster on Posted in Children’s Privacy, State Legislation
With the announcement last week of its new lawsuit against several tech companies for violating Children’s Online Privacy Protection Act (“COPPA”), the FTC Act, and New Mexico’s Unfair Practices Act (“UPA”), the State of New Mexico Office of the Attorney General appears to be the latest in an expanding list of state attorneys general who … Continue Reading

The Weekly Privacy Rewind

By Aaron Lancaster on Posted in Weekly Privacy Rewind
Biometric Information Privacy Act AGCO Corp., Ceridian HMC Inc. and Hegewisch Development Corp. Latest Employers to Face Allegations of BIPA Violations • Lawsuits against employers for alleged violations of Illinois’ Biometric Information Privacy Act (BIPA) show no signs of slowing, with three more employers, AGCO Corp., Ceridian HCM Inc. and Hegewisch Development Corp., all facing … Continue Reading
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