News & Analysis as of

FTC Act Data Protection Data Breach

Neal, Gerber & Eisenberg LLP

AI and Social Engineering Practice Tips

The hospitality industry faces mounting cybersecurity challenges as artificial intelligence (AI) enables increasingly sophisticated social engineering attacks targeting hotels, resorts, and travel service providers. Threat...more

Troutman Pepper Locke

Your Organization Has Suffered a Data Incident: Now Here Are the Regulators It Will Likely Encounter

Troutman Pepper Locke on

Government regulators are seemingly as numerous as the stars nowadays, especially in the universe of data incidents. When organizations experience a data incident, they will need to quickly assess what happened, why it...more

Davis Wright Tremaine LLP

Stay ADvised: Brand Protection & Advertising Law News - June 2023

The FTC is Coming Soon to a Phony Earnings Scheme and Celebrity Endorser Near You - The FTC is making good on its promises to protect consumers from phony get-rich-quick opportunities, wrapped in costly training programs,...more

Wyrick Robbins Yates & Ponton LLP

2022 Hindsight: Breach Notification Year in Review

While new comprehensive state privacy laws took most of the headlines this year, security threats and incident response remain key risk factors for privacy compliance programs and the subject of important legal developments....more

Herbert Smith Freehills Kramer

Proposed FTC Order Targets Drizly and Its CEO for Allegedly Lax Information Security Standards Following Data Breach

On Oct. 24, the Federal Trade Commission (FTC) issued a proposed decision and order against Drizly LLC and its CEO regarding allegations that the company’s security failures led to a data breach exposing the personal...more

ArentFox Schiff

Privacy Report

ArentFox Schiff on

CPPA Amends Draft CPRA Regulations & Announces Public Comment Dates - The California Privacy Protection Agency (CPPA) has announced amendments to the California Privacy Rights Act proposed regulations, which primarily...more

Ballard Spahr LLP

Unpacking the FTC’s Recent Blog Post Regarding Breach Notification

Ballard Spahr LLP on

The Federal Trade Commission (FTC) recently issued a blog post stating that a failure to disclose a data breach may be a violation of Section 5 of the FTC Act. The May 20 blog post, titled Security Beyond Prevention: The...more

Wyrick Robbins Yates & Ponton LLP

Abracadabra! The FTC Pulls a New Federal Breach Notice Standard out of its Hat

On May 20, 2022, with little fanfare and just five short paragraphs, the Federal Trade Commission announced that businesses must publicly report security incidents to prevent potential harms, even if no other applicable law...more

WilmerHale

FTC Takes Action Against Online Merchandise Platform Over Data Breach & Privacy Practices

WilmerHale on

In the latest of a flurry of FTC actions, the agency recently announced that it had entered into a consent order with CafePress, an online customized merchandise platform, over allegations that it failed to secure consumers’...more

Robinson+Cole Data Privacy + Security Insider

FTC Files Suit Against CafePress for “Data Breach Cover Up”

The Federal Trade Commission (FTC) issued a press release on March 15, 2022, stating that it was taking action against CafePress “over allegations that it failed to secure consumers’ sensitive personal data and covered up a...more

Akin Gump Strauss Hauer & Feld LLP

Recent FTC Settlements Highlight Risks of Flawed Information Security Practices and Related Representations

In a set of recent settlements, the Federal Trade Commission (the FTC or Commission) resolved charges against two companies, ClixSense and D-Link, for failing to provide reasonable security and to live up to their data...more

BakerHostetler

U.S. Senate Duo and California Ballot Initiative Propose to Radically Alter U.S. Consumer Internet Privacy and Upend Digital...

BakerHostetler on

Amid growing concerns over the improper use of user information and data breaches, and in the same week as the Senate examines the Cambridge Analytica controversy, a duo of U.S. senators who have long advocated for federal...more

Lowndes

A Primer On FTC Cybersecurity Enforcement

Lowndes on

According to the Breach Level Index, the total number of data records lost or stolen in just the first half of 2016 was 554,454,942, stemming from 974 breach incidents. In the entire year of 2015, there were 707.5 million...more

Robinson+Cole Data Privacy + Security Insider

Confusing Joint Guidance published by OCR and FTC on HIPAA Authorization Forms

There are arguments that there is a dearth of guidance by both the Office for Civil Rights (OCR) and Federal Trade Commission (FTC), so when guidance comes out, we listen. But the most recent guidance jointly issued by the...more

Nossaman LLP

It’s Official: FTC Has the Authority to Police Cybersecurity

Nossaman LLP on

In a resounding win for the Federal Trade Commission (“FTC”), the Third Circuit unanimously affirmed the FTC’s power to regulate cybersecurity under the unfairness prong of the FTC Act (15 U.S.C. §45). FTC v. Wyndham, Case,...more

Fenwick & West LLP

Litigation Alert: Third Circuit Permits Federal Trade Commission to Bring Unfair Practice Claim Based on Cybersecurity Practices

Fenwick & West LLP on

In a closely-watched cybersecurity case, a three-judge panel of the U.S. Court of Appeals for the Third Circuit held in Federal Trade Commission v. Wyndham Worldwide Corporation (No. 14-3514) that the Federal Trade Commission...more

King & Spalding

Federal Appeals Court Recognizes for the First Time the FTC’s Authority to Enforce Cybersecurity Practices

King & Spalding on

On August 24, 2015, the Third Circuit Court of Appeals issued a much-awaited decision in FTC v. Wyndham Worldwide Corporation, holding that the Federal Trade Commission (FTC) has authority to regulate “unfair” or “deceptive”...more

Foley Hoag LLP - Security, Privacy and the...

Third Circuit Not Hospitable to Wyndham, Upholds FTC’s Broad Powers to Regulate Cybersecurity

Over one year ago, our colleague Chris Hart argued that the District of New Jersey court’s decision in FTC v. Wyndham Worldwide Corp. et. al., No. 13-1887-ES, “point[ed] to the possibility that the FTC has potentially broad...more

Perkins Coie

Third Circuit Affirms FTC Authority to Police Whether Companies Have Reasonable Data Security

Perkins Coie on

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

Davis Wright Tremaine LLP

UPDATE: Third Circuit Affirms FTC’s Data Security Authority in Wyndham

The U.S. Court of Appeals for the Third Circuit released its much-anticipated ruling in Federal Trade Commission v. Wyndham Worldwide Corp. on August 24, 2015, unanimously upholding the FTC’s authority to regulate companies’...more

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