News & Analysis as of

Opt-Outs Unfair or Deceptive Trade Practices

Ogletree, Deakins, Nash, Smoak & Stewart,...

The Telephone Consumer Protection Act and Sales Agents: The Dangers of the ‘Canary Trap’

The Telephone Consumer Protection Act (TCPA), 47 U.S.C. § 227, was enacted in 1991 “to protect the privacy interests of residential telephone subscribers,” according to the act’s legislative history. The TCPA provides for a...more

Bradley Arant Boult Cummings LLP

Unfair and Deceptive Cookie Banners: The Next Wave of Privacy Litigation?

Today, encountering a cookie banner is a common experience for most individuals who peruse the internet. These banners inform website users of the presence of cookies or other tracking technologies through language such as,...more

Womble Bond Dickinson

Inbox Overload: Massachusetts Lawsuits Target Online Retailers’ Email Collection

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The Massachusetts’ Consumer Privacy in Commercial Transactions Act (the “Act”) limits companies’ ability to request and collect personal identification information (“PII”) that is not required for a transaction. The Act does...more

WilmerHale

Delaware Makes a Dozen States with a Comprehensive Privacy Law

WilmerHale on

On June 30, the Delaware legislature passed the Personal Data Privacy Act (“the Act”). The Act now moves to the Delaware Governor’s desk for consideration and, if signed into law, will make Delaware the seventh state this...more

McDermott Will & Emery

How the FTC’s Proposed Rule Could Affect Your Business

McDermott Will & Emery on

In March 2023, the Federal Trade Commission (FTC) proposed tightened requirements on the Negative Option Rule in an effort to combat unfair or deceptive practices such as recurring charges for products or services that...more

Hudson Cook, LLP

Let 'Em Out! ROSCA and Changes to California's Auto-Renewal Law

Hudson Cook, LLP on

What's this about? Auto-renewing arrangements are more and more ubiquitous, from TV channel subscriptions to meal-kit delivery plans - and the regulators are interested. Late last year, the FTC and California took actions...more

Proskauer - Advertising Law

FTC Workshop: “Bringing Dark Patterns to Light”

The FTC recently held a workshop titled “Bringing Dark Patterns to Light,” a recording of which can be found at the following link. The workshop centered around exploring the effects of digital “dark patterns” on consumers...more

Womble Bond Dickinson

Regulation of Dark Patterns Protects Consumers on the Web

Womble Bond Dickinson on

When I was in college, I attended an old fashioned tent revival show. My roommate was taking a comparative religion class and I accompanied him to a number of spiritually-focused events outside the frame of most college...more

Ballard Spahr LLP

Subscription Service Agrees to Pay $10 Million for Automatic Renewal Law Violations

Ballard Spahr LLP on

Earlier this month, the Federal Trade Commission (FTC) announced a $10 million settlement with the online learning company ABCmouse for allegedly violating the FTC Act as well as the Restore Online Shoppers’ Confidence Act...more

BCLP

As the CCPA nears, how many companies have included a “Do Not Sell My Personal Information” link on their homepage (Updated Week...

BCLP on

As the CCPA’s effective date approaches, businesses are actively monitoring how companies will update their websites and privacy notices to comply with the new disclosure requirements of the Act. While many companies are...more

Hudson Cook, LLP

New(ish) Technology and the CFPB's Proposed Debt Collection Rule

Hudson Cook, LLP on

On May 7, 2019, the Consumer Financial Protection Bureau ("CFPB" or the Bureau") released its Fair Debt Collection Practices Act ("FDCPA") Notice of Proposed Rulemaking ("Proposals") and Request for Public Comment. The Bureau...more

Bradley Arant Boult Cummings LLP

Five Privacy Practices Every Company Should Address in the Wake of the FTC’s Enforcement Action against PayPal

Privacy is serious business. This was made clear in the Federal Trade Commission’s (FTC) recent announcement that it had settled its complaint against Venmo, PayPal’s peer-to-peer payment service, for misrepresentations to...more

Ballard Spahr LLP

FTC Settles with Targeted Digital Advertising Company over Supercookie Advertising Practices

Ballard Spahr LLP on

The Federal Trade Commission (FTC) has entered into a proposed consent order requiring digital advertising company Turn Inc. to include a clear and conspicuous notice detailing how it collects, uses, or shares information...more

McDermott Will & Emery

Activation of Premium Services, The Italian Competition Authority Fines Telepass for Unfair Commercial Practices

McDermott Will & Emery on

On 20 October 2016, the Italian Competition Authority (the “Authority”) fined Telepass of EUR 200,000 for alleged unfair commercial practices. According to the Authority, Telepass would have activated a premium service...more

Morrison & Foerster LLP - Social Media

The FTC Weighs in on In-Store Tracking. Or Does It?

In law school, everybody learns the adage that hard cases make bad law. When it comes to the Federal Trade Commission, a better aphorism might be, “easy cases make new law.” The FTC’s recent settlement with Nomi Technologies...more

Mintz - Privacy & Cybersecurity Viewpoints

Big Brother is Watching You (Shop For Pants): Mobile analytics firms implement code of conduct for tracking customers while they...

If you’ve ever dealt with that pushy salesperson at Bed, Bath & Beyond who won’t take your word for it that you’re just browsing and not ready to commit to a high-end home espresso machine, you know that being followed around...more

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