On June 10, 2025, Judges Loken, Erickson, and Kobes of the U.S. Court of Appeals for the Eighth Circuit heard oral argument on consolidated challenges filed by a security services company and a number of trade associations...more
Key Takeaways -
- The Federal Trade Commission’s Rule on Unfair or Deceptive Fees is now in effect.
- The rule applies to businesses that offer or advertise live-event tickets or short-term lodging.
- If including the...more
Also referred to as the “junk fee” rule against “bait-and-switch” or “drip” pricing, the rule was adopted with bipartisan support in the waning days of the Biden presidency. Further, the Republican-led FTC under the Trump...more
Key Takeaways -
- Beginning May 14, businesses offering "negative option features" can incur significant financial penalties for each violation of the FTC’s “click-to-cancel” rule.
- The rule imposes obligations related to...more
The FTC has no jurisdiction over common carriers even when they engage in non-common carrier activity, according to a recent U.S. Court of Appeals for the Ninth Circuit opinion. In FTC v. AT&T Mobility, No. 15-16585 (9th...more
9/8/2016
/ AT&T Mobility ,
Common Carriers ,
Data Plan ,
Dismissals ,
FCC ,
Federal Trade Commission (FTC) ,
FTC Act ,
Jurisdiction ,
Mobile Services ,
Net Neutrality ,
Open Internet Rules ,
Section 5 ,
Telecommunications ,
Unfair or Deceptive Trade Practices
The Federal Trade Commission unanimously (3-0) ruled on July 29, 2016 that LabMD’s data security practices were “unfair” under Section 5 of the FTC Act, reversing a decision of its Administrative Law Judge (ALJ).
As we...more
8/2/2016
/ Actual Injuries ,
Administrative Law Judge (ALJ) ,
Article III ,
Data Breach ,
Data Security ,
Federal Trade Commission (FTC) ,
FTC Act ,
Health Insurance Portability and Accountability Act (HIPAA) ,
HIPAA Breach ,
LabMD ,
Medical Devices ,
p2p ,
PHI ,
Section 5 ,
Standing ,
Unfair or Deceptive Trade Practices
Since at least 2005, the Federal Trade Commission has asserted that it may regulate lax data security practices as an “unfair” business practice under Section 5 of the FTC Act. The Wyndham hotel chain was the first to...more
8/27/2015
/ COPPA ,
Credit Cards ,
Cyber Attacks ,
Cyber Crimes ,
Cybersecurity ,
Data Breach ,
Data Protection ,
Data Security ,
Debit Cards ,
Fair Credit Reporting Act (FCRA) ,
Federal Trade Commission (FTC) ,
Fraudulent Charges ,
FTC Act ,
FTC v Wyndham ,
Hackers ,
Personally Identifiable Information ,
Popular ,
SCOTUS ,
Section 5 ,
Unfair or Deceptive Trade Practices ,
Wyndham