A Washington Legal Foundation legal opinion titled “The FTC’s Black-Box Determination of Information’s Sensitivity Imperils First Amendment and Due-Process Rights” and written by Gerry Stegmaier, Wendell Bartnick, and Kelley Chittenden illustrates the troubling fact that although businesses are tasked with implementing “reasonable” data security that hinges, in part, on the sensitivity of information, the Federal … Continue Reading
In a recently published “Staff Perspective,” the Federal Trade Commission (FTC) appears to be staying true to the regulatory humility approach Acting Chairman Maureen K. Ohlhausen underscored in her opening remarks to the connected cars and autonomous vehicles workshop the FTC co-hosted with the National Highway Traffic Safety Administration (NHTSA) last summer. The Consumer Protection … Continue Reading
On October 30, 2017, Sears Holding Management Corporation (“Sears”) petitioned the Federal Trade Commission (“FTC”) to reopen and modify the settlement to which they agreed in 2009. At that time, Sears agreed to a consent order to resolve the FTC’s complaint that Sears allegedly did not adequately disclose the scope of its collection of “online … Continue Reading
By Kimberly Chow and Kelley Chittenden on Posted in Regulatory
On October 19, President Trump formally announced his nomination of Joseph Simons to serve as Federal Trade Commission Chair for a seven-year term. Simons would assume the chairmanship of the agency in lieu of Acting Chair Maureen Ohlhausen, who took the position last January and is expected to remain with the Commission until the expiration … Continue Reading
The Federal Trade Commission has published a new guide that seeks to make compliance with the Children’s Online Privacy Protection Act (COPPA) as easy as 1, 2, 3, 4, 5, 6. Drawing from its detailed FAQs, the FTC has developed an even more streamlined, six-step DIY instruction manual designed for busy businesses that want a … Continue Reading
A panel at a meeting of the National Association of Attorneys General highlighted data breaches and privacy in the context of new technology, signalling that state regulators are focused on consumer protection in this area. The panel at the Southern Regional Meeting in Charlottesville on April 4 was devoted to emerging technologies, privacy concerns, and … Continue Reading
The Federal Trade Commission’s recent settlement with VIZIO, Inc., may have created a new definition of “sensitive information” that includes viewing data, but the opinion of Acting Chairperson Maureen Ohlhausen may provide further insight on how the agency will act under the new administration. On February 6, the FTC settled charges with VIZIO, one of the … Continue Reading
Jason Gordon and Michael Strauss penned an article for Law360 about the top five trends that dominated advertising law in 2016. The article discusses core advertising industry issues such as media transparency, SAG-AFTRA, Federal Trade Commission enforcement efforts, and the gamification of mobile apps. To find out more, click here.… Continue Reading
The FTC released a 100-page staff report this past November that assesses evolving business models relying on internet and app-based “sharing economy” platforms, such as those providing peer-to-peer services, and their effects on more traditional industries. To read more, click here.… Continue Reading
Responding to news reports that journalists were able to purchase advertising on Facebook targeted to ethnic groups, Facebook announced several new changes to the company’s advertising products. The move highlights heightened scrutiny of advertising practices surrounding the increasing use of big data in many aspects of marketing and advertising. Facebook’s response grew out of a … Continue Reading
Wages may be stagnant in the United States, but one thing on the rise is the price of getting on the wrong side of the Federal Trade Commission. Effective August 1, 2016, the maximum civil penalty dollar amount for violating section 5 of the Federal Trade Commission Act, or failing to comply with COPPA or … Continue Reading
Initial comments are due on May 27, 2016 regarding the Notice of Proposed Rulemaking (NPRM) released last month by the FCC in its broadband privacy proceeding. The rules proposed in the NPRM have already been the subject of contentious discussions throughout the federal government and the communications industry. Those discussions included a hearing earlier this month … Continue Reading
In December 2015, the Federal Trade Commission (FTC) settled a drawn-out civil action it brought against Wyndham Worldwide Corporation (Wyndham) for multiple data breaches involving cardholder data (i.e., information on credit and debit cards). In a departure from dozens of prior FTC settlements that mandated broad security measures for all consumer data, the Wyndham consent … Continue Reading
The Federal Trade Commission is currently the most aggressive enforcement agency on privacy and data security. The agency kicked off 2016 with PrivacyCon on January 14, which put the spotlight on academic research on consumer privacy and security. The conference, which drew 400 attendees to Southwest D.C. and 1,500 more streaming online, showcased 19 papers … Continue Reading
The FTC unveiled a lengthy report, Big Data: A Tool for Inclusion or Exclusion? Understanding the Issues, warning companies about commercial uses of big data and the discriminatory impact it may have on low-income and underserved populations. “Big data” refers to the ubiquitous collection of massive amounts of consumer information by companies, which may be … Continue Reading
As publishers increasingly rely on more modern methods of native advertising – that is, ads designed to look and feel similar to a platform’s editorial content – as a source of revenue, the FTC has taken steps to clarify when native advertising may cross the line and become deceptive to consumers. Recently, the FTC published … Continue Reading
In a landmark decision, an administrative law judge dismissed the FTC’s long-running data security lawsuit against Atlanta-based cancer screening laboratory, LabMD Inc., following an alleged data breach. Chief Administrative Law Judge D. Michael Chappell (the “ALJ”) ruled in his Initial Decision that the FTC had failed to prove that the laboratory’s alleged conduct harmed, or … Continue Reading
With the onslaught of smart watches, smart thermostats, and even smart refrigerators that allow you to Tweet hangry messages to your followers, it’s only natural that a “smart city” would follow. This week, San Francisco city officials agreed to run a one-year pilot project with Sigfox – an FCC certified French start-up that builds low-power … Continue Reading
On August 24, 2015, the Third Circuit, in a highly anticipated ruling, upheld a 2014 New Jersey District Court decision that the FTC has authority under section 5 of the FTC Act to regulate “unfair” data security practices without engaging in formal rulemaking. As we have previously discussed, the implications of the lower court ruling, … Continue Reading
When I had Orioles season tickets, I was glad to have access to an electronic platform that would allow me to get rid of most of my unwanted tickets. Over the course of a season, I could get the seats for the games I did want, hedge my bet for playoff tickets, and subsidize those … Continue Reading
On September 15, the Federal Trade Commission held a workshop entitled “Big Data: A Tool for Inclusion or Exclusion?” FTC Commissioner Julie Brill took the opportunity to discuss an industry that she has consistently maintained requires more regulation and scrutiny: data brokers. Commissioner Brill stressed first that the FTC is very focused on entities regulated … Continue Reading
Businesses that think they know what privacy issues are on the minds of the state attorneys general (AGs) should be aware that AGs are being urged to take action, either on their own, or in concert with the FTC, on key cutting edge privacy issues. At a major meeting of state AGs this week at … Continue Reading
Last Thursday, the Federal Trade Commission (FTC) announced that messaging app Snapchat agreed to settle charges that it deceived consumers with promises about the disappearing nature of messages sent through the app. The FTC case also alleged that the company deceived consumers over the amount of personal data the app collected, and the security measures … Continue Reading
A New Jersey federal court is allowing the FTC’s case against Wyndham Worldwide Corporation to go forward, denying Wyndham’s Motion to Dismiss on both the unfairness and deception counts. In this closely watched case, the court emphasized that in denying Wyndham’s request for dismissal, it was not providing the FTC with a “blank check to … Continue Reading
