On January 5, 2023, the Federal Trade Commission (FTC or Commission) released a Notice of Proposed Rulemaking (NPRM) that seeks to ban employers from imposing or enforcing non-compete clauses on workers. The FTC’s proposed...more
Last week we wrote about the Federal Trade Commission’s (FTC) seventh annual PrivacyCon—discussing overall takeaways from the conference and summarizing key takeaways the Children’s Privacy panel. This post—the last in our...more
On November 1, 2022, the Federal Trade Commission (FTC) hosted PrivacyCon 2022, its seventh annual conference in which the Commission looks to academics and researchers to inform its efforts to address emerging consumer...more
On October 20, 2022, the Federal Trade Commission (FTC) announced the launch of a new rulemaking process to address how fees are charged for goods or services, focusing on potentially “deceptive or unfair” fees that the FTC...more
10/24/2022
/ Advanced Notice of Proposed Rulemaking (ANPRM) ,
Advertising ,
AMG Capital Management LLC v FTC ,
Corporate Counsel ,
Cybersecurity ,
Disclosure Requirements ,
Federal Trade Commission (FTC) ,
Fees ,
FTC Act ,
Marketing ,
Proposed Rules ,
Surveillance ,
Unfair or Deceptive Trade Practices
In August, the FTC launched a groundbreaking privacy and security rulemaking under the FTC Act with an extensive Advanced Notice of Proposed Rulemaking (ANPR) that asks a wide range of questions. The ANPR has generated...more
On September 15, 2022, the Federal Trade Commission (FTC) issued a Notice of Proposed Rulemaking (NPRM) to promulgate a “Rule on Impersonation of Government and Businesses,” which would prohibit the impersonation of...more
On August 11, 2022, the Federal Trade Commission (FTC) released its much anticipated advance notice of proposed rulemaking (ANPR), titled “Trade Regulation Rule on Commercial Surveillance and Data Security.” The ANPR is the...more
8/12/2022
/ Administrative Procedure Act ,
Advanced Notice of Proposed Rulemaking (ANPRM) ,
Artificial Intelligence ,
Automated Decision Systems (ADS) ,
Communications Decency Act ,
Consent ,
Consumer Financial Products ,
Corporate Counsel ,
Data Collection ,
Data Security ,
Federal Register ,
Federal Trade Commission (FTC) ,
FTC Act ,
Surveillance ,
Transparency ,
Unfair or Deceptive Trade Practices
The Federal Trade Commission (FTC) recently published a blog post that highlights the agency’s continued focus on “highly sensitive data,” including information about a person’s health and precise location data. The blog...more
The Federal Trade Commission (FTC or Commission) now has a full slate of Commissioners with the confirmation and swearing-in of Commissioner Alvaro Bedoya, who brings an extensive background in privacy issues....more
6/29/2022
/ Algorithms ,
Artificial Intelligence ,
CafePress ,
COPPA ,
Data Collection ,
Data Security ,
Federal Trade Commission (FTC) ,
FTC Act ,
Notice Requirements ,
Personal Information ,
Surveillance
On June 3, 2022, Senator Wicker (R-Miss.), Ranking Member of the Senate Commerce Committee, and Representatives Pallone (D-N.J.) and Rodgers (R-Wash.), Chairman and Ranking Member of the House Energy and Commerce Committee,...more
6/10/2022
/ Biometric Information ,
Consumer Privacy Rights ,
Cybersecurity ,
Data Collection ,
Data Privacy ,
Data Processing Rules ,
Data Protection ,
Data Protection Acts ,
Data Retention ,
Federal Trade Commission (FTC) ,
Privacy Laws ,
Private Right of Action ,
Proposed Legislation
The Federal Trade Commission (FTC) now has a full slate of Commissioners and it is expected to ramp up privacy and cybersecurity enforcement and rulemaking in a number of critical areas. Join us for a discussion of the FTC’s...more
6/2/2022
/ Biometric Information ,
Consumer Privacy Rights ,
Cybersecurity ,
Data Privacy ,
Data Security ,
Data Use Policies ,
Electronic Protected Health Information (ePHI) ,
Enforcement ,
Federal Trade Commission (FTC) ,
Online Safety for Children ,
Personally Identifiable Information ,
PHI ,
Popular ,
Rulemaking Process ,
Targeted Digital Advertising ,
Webinars
On March 3, 2022, the Federal Trade Commission (FTC) reached a settlement with WW International, Inc. (formerly known as Weight Watchers) and its subsidiary Kurbo, Inc. to resolve a complaint that the companies’ app – Kurbo...more
Privacy In Focus®-
On December 10, 2021, the Federal Trade Commission (FTC) published its Annual Regulatory Plan for 2022 – the first under FTC Chair Lina Khan – noting that it “will consider developing both...more
1/19/2022
/ AMG Capital Management LLC v FTC ,
Consumer Protection Laws ,
Enforcement ,
Executive Orders ,
Federal Trade Commission (FTC) ,
Fraud ,
FTC Act ,
Joe Biden ,
Magnuson-Moss Act ,
Rulemaking Process ,
Rules of Practice ,
Unfair Competition ,
Unfair or Deceptive Trade Practices
On December 16, the Federal Trade Commission (FTC) voted 4-0 to issue an Advance Notice of Proposed Rulemaking (ANPRM) to commence a rulemaking targeting rising business and government impersonation fraud. Critically, the...more
12/21/2021
/ Advanced Notice of Proposed Rulemaking (ANPRM) ,
AMG Capital Management LLC v FTC ,
Consumer Protection Laws ,
Deceptive Intent ,
Enforcement Actions ,
Federal Register ,
Federal Trade Commission (FTC) ,
Fraud ,
FTC Act ,
Gift-Cards ,
Payment Processors ,
Scams ,
Unfair or Deceptive Trade Practices ,
Unlawful Means
President Biden’s pick to Chair the Federal Trade Commission (FTC), Lina Khan, was confirmed and appointed on June 15, and has already moved to kick-start agency action on a number of fronts, including on both Commission...more
The Federal Trade Commission (FTC) has been in the headlines this month, following a significant U.S. Supreme Court decision that curbs its authority to seek monetary relief in federal court cases. However, this setback is...more
A recent blog post from the Federal Trade Commission (FTC) provides direct guidance on the FTC’s approach to Artificial Intelligence (AI) bias and signals potential enforcement in this area. The post—entitled Aiming for...more
In a unanimous decision on April 22, 2021, the U.S. Supreme Court significantly limited the ability of the Federal Trade Commission (FTC) to obtain monetary relief in federal court cases. In AMG Capital Management, LLC v....more
Speaking to the Future of Privacy Forum, Acting Federal Trade Commission (FTC) Chairwoman Rebecca Kelly Slaughter provided insight this week into how the Biden Administration intends to pursue privacy issues at the FTC. These...more
On January 11, 2021, the Federal Trade Commission (FTC) announced a proposed settlement with the photo storage and organization app developer Everalbum, Inc. (Everalbum) regarding its collection of biometric data and use of...more
On December 14, 2020, the Federal Trade Commission (FTC or Commission) issued extremely broad information and document production orders under Section 6(b) of the FTC Act (6(b) Orders) to nine social media and video streaming...more