News & Analysis as of

Mobile Apps Enforcement Actions Unfair or Deceptive Trade Practices

Cozen O'Connor

No Buyer’s Remorse for Nebraska AG Over Temu Data Use Lawsuit

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Nebraska AG Mike Hilgers sued PDD Holdings Inc. and WhaleCo Inc., d/b/a Temu, alleging that Temu’s shopping app operates as malware designed to gain unauthorized access to users’ data in violation of state consumer protection...more

BakerHostetler

[Podcast] AD Nauseam: Left to Our Own Devices

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In this episode, hosts Amy Mudge and Daniel Kaufman discuss various health-related cases involving medical devices and FTC rulings. They delve into notable cases such as the QRay bracelet, which claimed pain relief through...more

Kelley Drye & Warren LLP

Florida Sues Snap Using New Social Media Law and Old UDAP Theories

Florida Attorney General James Uthmeier sued Snap, Inc., the operator of the social media platform Snapchat, last week for violations of Florida’s HB 3 (§§ 501.1736–.1738, Fla. Stat. (2024)) and the Florida Deceptive and...more

Orrick, Herrington & Sutcliffe LLP

FTC acts against finance app for alleged deceptive cash advance practices

On March 27, the FTC announced an enforcement action resulting in a stipulated order from the U.S. SDNY regarding a cash advance company’s alleged violations of Section 5(a) of the FTC Act and the Restore Online Shoppers’...more

Cozen O'Connor

Cash Advance Company to Pay $17 Million in FTC Settlement

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The FTC has reached a proposed settlement with Cleo AI, Inc., resolving allegations that the personal finance app violated the FTC Act and the Restore Online Shoppers’ Confidence Act through deceptive marketing and billing...more

Venable LLP

Cleo AI Settles with FTC for $17 Million for Alleged Misleading Practices and Autorenewal Violations

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In one of the first settlements since the new administration took office, the Federal Trade Commission (FTC) announced a $17 million monetary judgment with Cleo AI to resolve allegations that Cleo violated Section 5 of the...more

Sheppard Mullin Richter & Hampton LLP

FTC Orders Fintech Company to Pay $17 Million for Allegedly Deceptive Subscription Practices

On March 27, the FTC announced that a fintech company offering cash advances through a mobile app has agreed to pay $17 million to resolve allegations that it violated the FTC Act and the Restore Online Shoppers’ Confidence...more

Kelley Drye & Warren LLP

New York AG Settles with School Calendar App, Saturn

This week, New York Attorney General Letitia James announced a settlement with app developer Saturn Technologies (Saturn) following an investigation into privacy practices that promised teens an exclusive community but...more

Ballard Spahr LLP

Justice Department files amended complaint against cash advance company Dave Inc. and its CEO

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The Justice Department is asking a federal court to issue a permanent injunction against cash advance firm Dave Inc. and its CEO Jason Wilk, alleging that the company uses misleading marketing tactics to deceive consumers...more

Ballard Spahr LLP

DC Attorney General files suit against app-based lender EarnIn

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The Attorney General for the District of Columbia has filed suit against ActiveHours Inc., doing business as EarnIn, alleging that the app-based lender deceptively marketed and provided illegal high-interest loans to more...more

Goodwin

FTC Files Suit Against Online Cash Advance Provider for Allegedly Deceptive and Misleading Conduct

Goodwin on

On November 5, 2024, the FTC announced​ that it had filed suit against a California-based online cash advance provider for allegedly deceptive and misleading advertisements and representations, in violation of the FTC Act, 15...more

Ballard Spahr LLP

FTC files complaint against online cash advance app Dave

Ballard Spahr LLP on

The FTC has filed a complaint against the online cash advance app, Dave, charging that the company used misleading marketing to deceive consumers about the amount of its cash advances and charged consumers undisclosed fees...more

Sheppard Mullin Richter & Hampton LLP

FTC Takes Aim at Mobile Banking App for Deceptive Advertising Practices

On November 5, the Federal Trade Commission (“FTC”) filed a complaint against a company in connection with its mobile banking app, alleging violations of Section 5(a) of the FTC Act and Section 4 of the Restore Online...more

Clark Hill PLC

Children’s Data Update: From FTC and State Agency Enforcement to KOSA Advancing the Senate

Clark Hill PLC on

On July 7, the FTC and the Los Angeles District Attorney’s Office filed a complaint in the United States District Court for the Central District of California against the developer of an anonymous messaging app (NGL Labs,...more

Robinson+Cole Data Privacy + Security Insider

Privacy Tip #399 – Nebraska AG Sues TikTok for Violations of Consumer Protection Laws

To add to TikTok’s legal woes in the U.S., Nebraska Attorney General Mike Hilgers (AG) filed suit against TikTok on May 22, 2024, alleging that TikTok violated Nebraska’s consumer protection laws and engaged in deceptive...more

Polsinelli

Regulatory Overreach/Litigation Remedies To Curtail Regulatory Excess by Federal Trade Commission

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With the rise of large-scale, high-profile data breaches, the Federal Trade Commission has expressed its intent to hold companies accountable. (See “Consumer Financial Protection Circular 2022-04,” Consumer Financial...more

BakerHostetler

Latest FTC Health Privacy Case Sheds Light on Agency Health Privacy Approaches

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Health privacy has been a Federal Trade Commission (FTC) priority for decades, and indeed, one of its very first privacy cases, in the early 2000s, involved the inadvertent sharing of user health data. Fast-forward a few...more

Venable LLP

Gig Platforms, Wake Up. All Eyes Are Upon You.

Venable LLP on

Constant connectivity through smartphones has ushered in a new way for small businesses to connect with potential customers and gig workers looking for flexible employment. The emergence of companies like Uber, GrubHub,...more

BCLP

FTC Says that One Cannot Retain the Fruit of the Tainted Tree

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Setting new precedent in the world of data, the FTC has found that the work product of ill-gotten data is no longer retainable by the developer.  On January 11, 2021, the U.S. Federal Trade Commission (FTC) announced that it...more

Wiley Rein LLP

Wiley Consumer Protection Download (March 15, 2021)

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Welcome to Wiley’s update on recent developments and what’s next in consumer protection at the Consumer Financial Protection Bureau (CFPB) and Federal Trade Commission (FTC). In this newsletter, we analyze recent regulatory...more

Robinson+Cole Data Privacy + Security Insider

Everalbum Settles with FTC over Facial Recognition Technology in its Ever App

The Federal Trade Commission (FTC) announced its settlement with Everalbum Inc. (Everalbum) for its Ever app, a photo and video storage app, due to its alleged deception of consumers related to the app’s use of facial...more

Dorsey & Whitney LLP

Friends, Family and High Blood Pressure – FTC Takes Action Against Undisclosed Family Reviews and Unsubstantiated Claims for...

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In previous posts, we’ve discussed the Federal Trade Commission’s significant enforcement efforts focused on two hot button issues: unsubstantiated health marketing claims and deceptive product endorsements. Once again, both...more

Carlton Fields

Learning from Venmo’s Compliance Issues: How to Avoid Inadequate Privacy Disclosures

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PayPal, the company responsible for the popular mobile payments app, Venmo, recently agreed to voluntarily bolster its privacy and security disclosures—and pay a $175,000 penalty—in response to an enforcement action brought...more

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