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Privacy and Data Security: Key Developments from the FCC, FTC, and Capitol Hill

Technological advancements and cyber threats are keeping privacy and data security issues at the forefront of lawmaker and regulatory agency agendas on “the Hill,” in particular the US Federal Communications Commission (FCC),...more

FTC Settlements Provide Updated Guidance on Collection or Use of Geolocation Data

The Federal Trade Commission (FTC) recently reached two settlements in actions against data brokers concerning their use of consumer location data and banning them from collecting, using, or selling consumer location data...more

Could a Federal Law Be on the Horizon?

Despite the business community’s interest in an all-encompassing federal data privacy law, such a development remains elusive. US legislators have periodically introduced bills that would establish a federal data privacy law,...more

No Leniency for Marketplaces Says FTC: INFORM Consumers Act Takes Effect June 27

The Federal Trade Commission (FTC) has signaled its plans to move swiftly and vigorously against online marketplaces that are not compliance ready for the Integrity, Notification, and Fairness in Online Market Retail...more

FTC Makes It Easier to Say No with Proposed Rule to Limit Negative Option Marketing

The US Federal Trade Commission (FTC or Commission) proposes expanding the Negative Option Rule to all subscription agreements. The FTC, in a 3-1 vote with Commissioner Christine S. Wilson (R) dissenting, published a notice...more

INFORM Act Imposes New Due Diligence Rules to Protect Consumers

The INFORM ACT represents a legislative effort to protect consumers from unknowingly purchasing stolen, counterfeit, or unsafe consumer products from online sellers. With a June 27, 2023 compliance deadline, operators of...more

Data Privacy: Evolving Updates to the Global Landscape

World events, such as the COVID-19 pandemic, have accelerated the need for business operations to grow more digitally reliant and driven. As the global network grows and becomes more interconnected, privacy and...more

FTC Settles Consumer Review Charges against Fashion Nova and Signals More Action to Come - Retail Did You Know?

The US Federal Trade Commission (FTC) has settled charges brought against Fashion Nova, LLC (Fashion Nova) under Section 5(a) of the FTC Act for failure to publish negative product reviews on its website. This edition of...more

Voice-Activated Devices May Collect Audio from Children

A new FTC policy eliminates the requirement to obtain parental consent to collect a recording of a child’s voice in certain circumstances....more

FTC and FBI Issue Compliance Reminder on Childrens Online Privacy Protection Act

A recent update of the FTC’s COPPA compliance plan for businesses focuses on internet-connected toys and devices aimed at children; FBI issues a Public Service Announcement with a similar focus....more

EU-US Privacy Shield to Replace Safe Harbor

A new personal data transfer agreement was announced on February 3, 2016 between EU and US authorities: the EU-US Privacy Shield will replace the invalidated Safe Harbor programme. Since the landmark decision of the...more

Proposed Data Breach Legislation Announced

President Obama’s new proposed Personal Data Notification and Protection Act provides a national standard for companies responding to security breaches....more

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