Popular, Unfair or Deceptive Trade Practices, Corporate Counsel

No Harm, No Foul: Greenwashing Lawsuit Dismissed for Lack of Article III Standing

Foley & Lardner LLP on 3/12/2025

It is well-settled that under Article III of the Constitution, United States federal courts are limited to trying “cases and controversies.” Moreover, a case or controversy exists only if a plaintiff has standing to file the...more

Court Dismisses Most Claims In Two AI Copyright Cases

Willcox & Savage on 3/8/2024

The U.S. District Court for the North District of California dismissed four of six claims in a pair of cases alleging that the use by OpenAI, Inc. of the plaintiffs’ books infringed the copyrights in those books. Tremblay v....more

FTC Announces Enforcement Action Against Global Tel*Link Corporation for Unfair Data Security Practices and Inadequate Data Breach...

WilmerHale on 12/8/2023

On November 16, the Federal Trade Commission (FTC) announced an enforcement action against Global Tel*Link Corporation and two of its subsidiaries (collectively, “GTL”), which provide communications and payment services to...more

Litigation Preparedness Following a Data Breach: Three Tips to Consider During the Incident Response Period

Davis Wright Tremaine LLP on 10/26/2023

Data breaches come in many different forms, sizes, and levels of complexity, but they tend to share certain key facts: A third-party bad actor—whether through a phishing attack, a ransomware attack, exploitation of a zero-day...more

FTC Announces Enforcement Actions Against Amazon’s Alexa and Ring Divisions for Violations of User Privacy

WilmerHale on 6/7/2023

On May 31, the Federal Trade Commission (FTC or Commission) announced two separate enforcement actions against Amazon—one involving its cloud-based voice service, Alexa, and the other involving Ring, its smart doorbell...more

Payment Processors: Are You Prepared to Uncover "Dark Patterns"?

Venable LLP on 11/18/2022

Risk management personnel who underwrite e-commerce merchants should have some basic understanding of the types of online merchant marketing and sales practices that are deceptive and misleading....more

Consumer Financial Protection Bureau Alleges Dark Patterns in Advertising of Financial Products; Files Suit Against TransUnion and...

Wilson Sonsini Goodrich & Rosati on 4/27/2022

On April 12, 2022, the U.S. Consumer Financial Protection Bureau (CFPB) filed a lawsuit against TransUnion, two of its subsidiaries, and former TransUnion executive John Danaher in his individual capacity for violating an...more

Buyers Beware: the FTC’s Case Against CafePress Highlights Privacy and Data Security Risks in Corporate Transactions

Wyrick Robbins Yates & Ponton LLP on 3/24/2022

Last week the Federal Trade Commission announced a privacy and data security enforcement action against the online retail platform CafePress. The allegations in the FTC’s complaint read like a list of worst practices,...more

Avoiding Claims Under The Computer Fraud And Abuse Act In Connection With Software And Firmware Updates

Morrison & Foerster LLP - Social Media on 10/21/2020

A recent ruling in Parziale v. HP, Inc., arising out of the implementation by Hewlett-Packard (“HP”) of a remote firmware update on many models of the company’s printers, highlights the potentially broad application of the...more

Pending U.S. Supreme Court Cases May Restrict FTC’s Pursuit of Monetary Relief in Privacy and Cybersecurity Matters

Orrick, Herrington & Sutcliffe LLP on 7/27/2020

Earlier this month, the U.S. Supreme Court agreed to hear a pair of cases that provide it with the opportunity to severely restrict the Federal Trade Commission’s (“FTC’s”) authority to obtain equitable money relief in...more

FTC Data Security Settlement with Auto Dealer Software Provider Goes Further than Ever Before - Provides Detailed Specifications...

Wilson Sonsini Goodrich & Rosati on 6/21/2019

On June 12, 2019, the Federal Trade Commission (FTC) announced it had reached a proposed settlement with LightYear Dealer Technologies, LLC (doing business as "DealerBuilt") over allegations that the automobile software...more

FTC’s Loss in the Eleventh Circuit Will Not Impede Data Security Enforcement

McGuireWoods LLP on 6/8/2018

In the matter of LabMD Inc. v. Federal Trade Commission, case number 16-16270, the U.S. Court of Appeals for the Eleventh Circuit ruled against the FTC, finding that the order against LabMD for lax data security measures was...more

District Court Dismisses FTC’s “Unfairness” Claim Against Internet of Things Manufacturer

WilmerHale on 9/28/2017

A district court judge has dismissed an “unfairness” claim included in the FTC’s complaint against D-Link, a connected devices manufacturer selling routers and internet-connected cameras. The FTC had made the claim without...more

FTC Chronicle: “Lessons Learned” from the Agency’s Data Breach Investigations

Patterson Belknap Webb & Tyler LLP on 7/24/2017

The Federal Trade Commission (FTC) – often criticized for not providing clear guidance as to what the agency considers reasonable data security – announced on Friday that it would publish a weekly blog discussing “lessons...more

Home Depot Challenges Banks’ Standing to Recover Losses Related to Data Breaches

Bilzin Sumberg on 7/12/2016

In the aftermath of major data breaches at deep-pocketed retailers and other businesses, there is typically no shortage of litigants who move quickly to seek compensation from the business at which the breach occurred. But...more

In Landmark Case Utah Jury Decides in Favor of FTC, Against Companies for Violations of the Telemarketing Sales Rules and Do Not...

Robinson+Cole Data Privacy + Security Insider on 6/13/2016

A Utah federal court jury decided last week that the Federal Trade Commission’s (FTC) claims against Forrest S. Baker, and his film firms, Feature Films for Families, Inc., Corporations for Character, L.C., and Family Firms...more

Today's Popular Updates › Unfair or Deceptive Trade Practices › Corporate Counsel