The comprehensive consumer privacy laws of Minnesota and Tennessee have recently taken effect, with the Minnesota Consumer Data Privacy Act (MCDPA) operative as of July 31, 2025, and the Tennessee Information Protection Act...more
8/5/2025
/ Consumer Privacy Rights ,
Corporate Counsel ,
Data Retention ,
Data Security ,
Minors ,
New Legislation ,
Privacy Laws ,
Safe Harbors ,
State and Local Government ,
State Attorneys General ,
State Privacy Laws ,
Tennessee
As the 2025 summer heat continues and as state privacy laws continue to mature, enforcement actions are beginning to shape the compliance landscape for businesses nationwide—from the coast of California to the shores of...more
Roughly six months since Andrew Ferguson became Chairman of the Federal Trade Commission, an FTC workshop on children’s privacy and online safety has provided a glimpse into the agency’s approach to these issues....more
Perkins Coie partner Janis Kestenbaum says the FTC is keeping the pressure on strong consumer protection enforcement despite the Trump administration’s deregulatory agenda.
In balancing enforcement with fewer anticipated...more
5/5/2025
/ Artificial Intelligence ,
Consumer Protection Laws ,
Data Privacy ,
Enforcement Actions ,
Fake Reviews ,
Federal Trade Commission (FTC) ,
FTC Act ,
Online Safety for Children ,
Privacy Laws ,
Regulatory Agenda ,
Regulatory Requirements ,
Technology ,
Trump Administration
The Federal Trade Commission (FTC or Commission) announced long-awaited amendments to the Children’s Online Privacy Protection Act Rule (COPPA Rule) on January 16, 2025, marking the first changes to the COPPA Rule since 2013....more
This year saw significant enforcement activity from the Federal Trade Commission (FTC) on privacy, data security, and related technology topics, particularly with respect to location information, health, and other sensitive...more
12/23/2024
/ Data Brokers ,
Data Security ,
Enforcement ,
Federal Trade Commission (FTC) ,
Online Safety for Children ,
Personal Data ,
Privacy Laws ,
Regulatory Agenda ,
State and Local Government ,
State Privacy Laws ,
Technology Sector
After much anticipation, on November 8, the California Privacy Protection Agency (CPPA) Board voted to advance proposed regulations for insurance, cybersecurity audits, risk assessments, and automated decision-making...more
11/27/2024
/ Artificial Intelligence ,
Automated Decision Systems (ADS) ,
California ,
California Privacy Protection Agency (CPPA) ,
Cybersecurity ,
Data Brokers ,
Data Protection ,
Privacy Laws ,
Risk Assessment ,
Risk Management ,
Rulemaking Process ,
Technology Sector
With a new administration reshaping the political landscape, retailers are preparing for policy shifts that may greatly influence their operations. In this Update, we explore the potential changes and challenges on the...more
11/18/2024
/ Advertising ,
Antitrust Division ,
Department of Labor (DOL) ,
Equal Employment Opportunity Commission (EEOC) ,
Federal Trade Commission (FTC) ,
Intellectual Property Protection ,
Legislative Agendas ,
Patent Trial and Appeal Board ,
Privacy Laws ,
Proposed Rules ,
Regulatory Agenda ,
Retail Market ,
Retailers ,
Robinson-Patman Act ,
Tariffs ,
Trade Relations ,
Trump Administration ,
USPTO
The Federal Trade Commission (FTC) and the Los Angeles County District Attorney on July 9, 2024, announced a complaint and proposed stipulated order against NGL Labs, LLC, and two NGL co-founders concerning the “NGL: ask me...more
8/21/2024
/ Compliance ,
COPPA ,
False Advertising ,
Federal Bans ,
Federal Trade Commission (FTC) ,
FTC Act ,
Instant Messaging Apps ,
Minors ,
Mobile Apps ,
Online Platforms ,
Privacy Laws ,
ROSCA ,
Section 5 ,
Social Media
The chair of the U.S. Senate Committee on Commerce, Science, and Transportation, Maria Cantwell (D-WA), and the chair of the U.S. House Committee on Energy and Commerce, Cathy McMorris Rodgers (R-WA), released a discussion...more
4/22/2024
/ Algorithms ,
Artificial Intelligence ,
Biden Administration ,
Data Brokers ,
Data Privacy ,
Data Protection ,
Data Security ,
Enforcement ,
FTC Act ,
Legislative Agendas ,
Machine Learning ,
New Legislation ,
Preemption ,
Privacy Laws ,
Technology
The Federal Trade Commission (FTC) issued a supplemental notice of proposed rulemaking (SNPRM) on February 15, 2024, in which it recommended a trade regulation rule that would (1) impose liability on businesses who provide...more
2/28/2024
/ Artificial Intelligence ,
Data Security ,
Federal Trade Commission (FTC) ,
Foreign Trade Regulations ,
Machine Learning ,
NPRM ,
Privacy Laws ,
Regulatory Agenda ,
Regulatory Requirements ,
SNPRM ,
Technology Sector
The Federal Trade Commission (FTC) announced its first enforcement action alleging that discriminatory use of artificial intelligence (AI) was an unfair practice under Section 5 of the FTC Act on December 19, 2023. According...more
1/11/2024
/ Artificial Intelligence ,
Biometric Information ,
Biometric Information Privacy Act ,
Consent Order ,
Data Privacy ,
Data Protection ,
Data Security ,
Discrimination ,
Enforcement Actions ,
Facial Recognition Technology ,
Federal Trade Commission (FTC) ,
Pharmaceutical Industry ,
Privacy Laws ,
Rite Aid ,
Section 5 ,
Technology Sector
The Federal Trade Commission (FTC) gave privacy lawyers a long-awaited Christmas gift on December 20, 2023: its notice of proposed rulemaking (NPRM) to amend the Children’s Online Privacy Protection Act (COPPA) Rule. The NPRM...more
1/8/2024
/ Biometric Information ,
COPPA ,
Data Collection ,
Data Retention ,
Data Security ,
Disclosure Requirements ,
Federal Trade Commission (FTC) ,
Notice Requirements ,
NPRM ,
Online Safety for Children ,
Personal Information ,
Privacy Laws ,
Public Comment ,
Regulatory Agenda ,
Regulatory Reform ,
Technology
Just a few years ago, the legal landscape governing health-related personal information was relatively simple: Protected Health Information (PHI) was regulated under Health Insurance Portability and Accountability Act...more
A significant number of federal legislative proposals that focus on online child safety have been introduced. If enacted, they would modify online providers’ obligations to remove and report child sexual exploitation (CSE)...more
10/26/2023
/ Children's Online Games ,
Children's Products ,
Consumer Protection Act ,
COPPA ,
Data Collection ,
Data Protection ,
Data Protection Principles ,
Legislative Agendas ,
Online Platforms ,
Online Safety for Children ,
Personal Data ,
Privacy Laws ,
Regulatory Oversight ,
Regulatory Requirements ,
Reporting Requirements ,
Transparency
The Federal Trade Commission (FTC) released an advance notice of proposed rulemaking (ANPRM) on “Commercial Surveillance and Data Security” on August 11, 2022. The ANPRM, approved on a 3-2 party-line vote, is the initial step...more
8/17/2022
/ Administrative Procedure Act ,
Advanced Notice of Proposed Rulemaking (ANPRM) ,
Algorithms ,
COPPA ,
Data Security ,
Discrimination ,
Federal Trade Commission (FTC) ,
Privacy Laws ,
Rulemaking Process ,
Surveillance ,
Technology Sector
Privacy and data security are high priorities of the Federal Communications Commission (FCC) under the leadership of Chairman Tom Wheeler. In addition to significant enforcement actions against AT&T and TerraCom/YourTel that...more