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Raising the Bar: FTC’s Proposed Changes to the Safeguards Rule Would Establish a New Standard for Information Security Programs

The Federal Trade Commission (FTC) announced this week that it is seeking comments on proposed amendments to the Privacy Rule and Safeguards Rule under the Gramm-Leach-Bliley Act (GLBA)....more

FTC Opts Out of Updating Anti-Spam Rule

The Federal Trade Commission (FTC) announced this week that it would not update its anti-spam rule, completing the agency’s first 10-year review of the regulation. The FTC last updated the rule, known as the CAN-SPAM Rule,...more

FTC Hits Road Block in DIRECTV Advertising Case Seeking $3.95 Billion Remedy

The Northern District of California recently ruled on DIRECTV’s motion for judgment on partial findings in a case where the FTC is seeking $3.95 billion in damages. The FTC’s case alleges that DIRECTV engaged in misleading...more

Big Government? FTC Advocates for More Authority in Congressional Hearing

Last week, the House Committee on Energy and Commerce held a Committee Hearing on the Oversight of the Federal Trade Commission. All five Commissioners attended and their message was largely the same: the FTC needs additional...more

FTC Examining How Consumer Protection and Privacy May Be Affecting Innovation and Competition; Seeking Input and Will Hold Policy...

The FTC announced that it will accept comments and hold a series of public hearings on consumer protection, privacy, and competition policy and enforcement. The hearings will take place during fall and winter of this year...more

Why So BLU?: FTC Settles Privacy and Data Security Claims with Mobile Company; Fencing-In Relief Requires Consumer Opt-In to Data...

Earlier this week, the FTC settled its case with BLU Products, Inc., a cell phone company the FTC claimed misled consumers about its privacy and data security practices. According to the agency, the company represented that...more

Will the FTC’s Deception Evidence Fall Short? Court to Rule in DirecTV Case

U.S. District Judge Haywood S. Gilliam Jr. said Friday that the court would pause the trial to consider whether the FTC presented sufficient evidence to support its allegations that DirecTV misled consumers by failing to...more

FTC Submits Comments on IoT Device Security to NTIA Working Group

On Monday, the FTC submitted comments to the draft National Telecommunications and Information Administration (NTIA) guidance intended to improve Internet of Things (IoT) device security and increase consumer transparency....more

Judge Upholds FTC Staff Opinion that Avatar Calls are Prerecorded Messages under TSR

Yesterday, a D.C. district court upheld a recent opinion letter issued by FTC staff that extended robocalling restrictions to telemarketing calls that use so-called soundboard technology or “avatars.” This technology...more

FTC Highlights Deep-Sixing of FCC Privacy Rules in Bid for 9th Circuit Rehearing

In support of its request for an en banc rehearing of a Ninth Circuit Court of Appeals panel decision in FTC v. AT&T over the jurisdictional boundaries between the Federal Trade Commission’s (FTC) and Federal Communications...more

Congress Repeals FCC 2016 Privacy Order via Congressional Review Act

On April 3, 2017, President Trump signed into law a Congressional joint resolution eliminating new broadband and voice privacy rules set forth in a November 2016 order (the 2016 Privacy Order) by the Federal Communications...more

Don’t Like Negative Reviews? Read This Before You Delete Them

Late last year, the Consumer Fairness Review Act became law, placing new restrictions on what companies can include in form contracts that impede consumers’ ability to communicate honest reviews of products, services, and...more

Smart TV Manufacturer “Smarting” after $2.2 Million Privacy Enforcement

This week, the FTC announced a settlement with VIZIO, Inc., one of the world’s largest manufacturers of “smart” TVs. The settlement, also with the Office of the New Jersey Attorney General, arises from claims by regulators...more

Not a Passing Grade: FTC Settles with Company Over Alleged False Advertising for High School Diploma Program

On February 3, 2017, the Federal Trade Commission (FTC) announced a new settlement against Stratford Career Institute alleging that Stratford’s advertising for its high school diploma program (claiming that it provided the...more

FTC Files Lawsuit Against Taiwanese Manufacturer for Alleged Lax Security in Wireless Routers and Cameras and Related Marketing...

The Federal Trade Commission has filed a lawsuit in federal court claiming that a networking equipment manufacturer engaged in unfair and deceptive acts, exposing thousands of consumers to the risk of cyberattack from...more

One Less (Regulator) Affair for AshleyMadison.com: Site Operators Agree to Settle U.S. Charges Stemming from 2015 Breach

Remember the 2015 AshleyMadison.com data breach, where hackers gained access to the personal information of about 36 million users from over 46 countries, and threatened and carried through on their promise to release the...more

FTC Settles with Turn Over Alleged Privacy Policy Misrepresentations

On Wednesday, the FTC announced that Turn, a California-based ad-tech firm, agreed to settle charges that it misrepresented its consumer tracking practices to Verizon Wireless customers. According to the FTC, such customers...more

Homeland Security Issues IoT Guidance for Businesses

The Department of Homeland Security (DHS) has published non-binding principles and best practices to help businesses work through key Internet-of-Things (IoT) security issues. Entitled “Strategic Principles for Securing the...more

Lessons from Adobe’s State AG Data Breach Settlement

Last month, several state Attorneys General announced a $1M settlement with Adobe Systems, Inc. in connection with a 2013 data incident involving the personal information of roughly 534,000 consumers. The 15 Attorneys General...more

FCC Releases Broadband Privacy Order with Major Implications for All Telecommunications Carriers

On October 27, 2016, the Federal Communications Commission (FCC or Commission) in a party-line (3-2) vote adopted a Report and Order (the Broadband Privacy Order or Order) that imposes a comprehensive set of privacy and data...more

FTC Releases New Data Response Breach Guide For Businesses

The Federal Trade Commission released a new guide for businesses on data breach response yesterday along with a three-minute video summary. The 14-page guide highlights the immediate steps a business should take when...more

Senate Commerce Committee Members Air Laundry List of Pressing Issues Including Privacy, Data Security, and FTC Enforcement

On September 27th, the Senate Committee on Commerce, Science, and Transportation held a general oversight hearing of the FTC, which covered a multitude of major policy issues and included testimony from Chairwoman Edith...more

Caution with Hyperlinks and Info-Hovers: Court Denies DIRECTV’S Motion for Partial Summary Judgment

Are hyperlinked and hovering disclosures enough to adequately inform consumers about the terms of your offer? Is requiring consumers to click on a button to accept all terms and conditions enough to obtain their informed...more

Ninth Circuit Decision in AT&T “Throttling” Case May Reset Boundaries Between FTC and FCC Jurisdiction

On Monday, August 29, 2016, the Ninth Circuit Court of Appeals issued an opinion that may dramatically alter the boundaries between the Federal Trade Commission’s (FTC) and Federal Communications Commission’s (FCC) authority...more

What You Need to Know About Privacy Shield: An Overview of the New Transatlantic Framework

On July 12, 2016, the European Commission (“Commission”) formally adopted and released the Privacy Shield Adequacy decision, which will allow certified U.S. companies to transfer EU personal data to the United States. The...more

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