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CFPB and FTC Looking to Ramp Up Data Security Requirements

Enhancing data security programs to protect personal information is a critical area companies cannot ignore. Our Privacy, Cyber & Data Strategy and Financial Services & Products groups unpack the latest moves by the Consumer...more

FTC Seeking Comments to Update “.com Disclosures” Guidance

The Federal Trade Commission is seeking public comment on how it should modernize its business guidance about using disclosures in digital advertising and marketing. Our Consumer Protection/FTC Team analyzes the FTC’s request...more

Hefty FTC Penalty Against Twitter Reveals Privacy Policy Disclaimers Not Sufficient

The Federal Trade Commission has levied a negotiated $150 million civil penalty against Twitter for violating an existing FTC order for alleged misrepresentations to its users, claiming the company deceptively collected...more

FTC Guidance Creates New Breach Notification Obligations

The Federal Trade Commission has issued new guidance under which consumers or companies should be notified of data breaches “regardless of whether a breach notification law applies.” Our Consumer Protection/FTC Team analyzes...more

FTC at Full Strength Again

Our Consumer Protection/FTC Team examines what the Federal Trade Commission may prioritize now that Chair Lina Khan has her Democratic majority in place....more

FTC Enforces New “Made in USA” Labeling Rule for First Time

Our Consumer Protection/FTC Team reviews the Federal Trade Commission’s Made in USA Labeling Rule and the lessons companies can learn from the remedies the FTC sought in its first enforcement action of the rule....more

Online Retailer Settles with FTC over Allegations of Hiding Negative Reviews

On March 21, 2022, the Federal Trade Commission (FTC) announced a final administrative complaint and decision and order that finalizes a settlement with a California online fashion retailer to settle allegations that the...more

FTC Brings Enforcement Action for App’s Collection of Children’s Personal Data in Violation of COPPA

Our Privacy, Cyber & Data Strategy and Consumer Protection/FTC teams offer key takeaways from the Federal Trade Commission’s enforcement action in the midst of renewed emphasis on children’s privacy by both the Biden...more

FTC Launches Rulemaking on Earnings Claims Targeting For-Profit Colleges and Others

Our Education and Consumer Protection/FTC Teams discuss a proposed rule from the Federal Trade Commission that could cost for-profit colleges and other industries “steep penalties” for alleged violations. The new rule would...more

Update: FTC Amendments to the Safeguards Rule and Request for Comment on Proposed Reporting Requirement Published to the Federal...

As an update to prior coverage of the FTC’s final revisions to the Gramm-Leach-Bliley Safeguards Rule (Final Rule), following its publication in the Federal Register on December 9, 2021, the Final Rule now will take effect on...more

FTC Revises the Safeguards Rule and Proposes Mandatory Reporting of Cybersecurity Events

On October 27, 2021, the FTC released its much-anticipated final revisions to the Gramm-Leach-Bliley Safeguards Rule (Safeguards Rule or Final Rule), following a 3-2 vote along party lines and also released a notice of...more

FTC Chair’s Initial Actions Forecast Aggressive Enforcement and Greater Transparency

Our Consumer Protection/FTC Team examines the implications of the Federal Trade Commission’s new public meeting initiative and the new chair’s appointment of former Chopra staffers to leadership positions....more

ROSCA: The FTC’s New Path to Monetary Damages?

Our Consumer Protection/FTC Team explores the recent Federal Trade Commission settlement with MoviePass and how it signals an expansion of the FTC’s use of the Restore Online Shoppers’ Confidence Act (ROSCA) to address...more

Supreme Court Slashes FTC’s Favored Route to Consumer Redress and Disgorgement

In a unanimous ruling late last week, the U.S. Supreme Court slashed the Federal Trade Commission’s favored route to impose monetary penalties in consumer protection cases. Our Consumer Protection/FTC Team examines the...more

What Do the CFPB’s and FTC’s 2020 Debt Collection Activity Forecast for 2021?

Debt collectors can expect the Consumer Financial Protection Bureau and Federal Trade Commission to be active regulators in the Biden Administration, especially during – and in the wake of – the COVID-19 pandemic. Our...more

“Made in the USA” Claims Face Continued Scrutiny from FTC

Our Consumer Protection/FTC Team examines a Federal Trade Commission order that illustrates the agency’s focus on a consistent framework for Made in the USA claims....more

Supreme Court Positioned to Limit FTC Ability to Obtain Monetary Relief

For nearly 40 years, the Federal Trade Commission has used a provision of the FTC Act to impose monetary penalties in consumer protection cases that is under scrutiny by the Supreme Court. Our Consumer Protection/FTC Team...more

Consumer Protection/FTC Advisory: Three Key Takeaways from the FTC’s Settlement with Zoom

With this year’s sudden, exponential increase in the use of Zoom came concerns, then allegations, of poor security – and not just Zoombombing. Our Consumer Protection/FTC Team investigates the Federal Trade Commission’s...more

The FTC Expands its FCRA Enforcement Activity In Action Against Retailer

Most businesses are already familiar with the Fair Credit Reporting Act (“FCRA”) and the various requirements to protect the fairness, accuracy, and privacy of consumer credit information. However, a recent FTC enforcement...more

FTC Brings its First Case Alleging ECOA Violations in More than a Decade

A&B ABstract: On May 27, 2020, the Federal Trade Commission (FTC) announced a complaint and settlement against a New York auto dealer alleging that it charged higher rates to African American and Hispanic customers,...more

Misrepresentation and Deception: Government Enforcement Agencies Ready to Litigate

A&B ABstract: The COVID-19 pandemic appears to be drafting the attention to consumer protection regulators to products that were active after the 2008 recession....more

Expansive Interoperability and Data-Sharing Requirements Require Attention Despite Delays in Enforcement

The effects of the final interoperability rules from the Department of Health and Human Services will be significant for data security in the health care industry, despite enforcement delays. Our Health Care and Privacy &...more

COVID-19 and Price Gouging

Our Antitrust Team summarizes state price-gouging laws, offers guidance on how businesses can respond if they are victims, and provides tips on how businesses can reduce the risk of being accused if circumstances force them...more

FTC Releases Staff Perspective on Trends in Small Business Financing

A&B ABstract - On February 26, 2020, the Federal Trade Commission (“FTC”) Bureau of Consumer Protection released a staff perspective (“Perspective”) on consumer protection issues related to small business financing. ...more

High Profile Settlements, Strengthened Data Security Orders, and COPPA: The FTC’s 2019 Privacy and Data Security Update

Each year the Federal Trade Commission (the “FTC” or “Commission”) publishes a report on its activities with respect to consumer privacy and data security during the prior year.  ...more

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