Libby Weingarten

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CFPB: New Sheriff in Town for Tech Companies?

On August 10, 2022, the Consumer Financial Protection Bureau (CFPB) issued a final Interpretive Rule stating that the Consumer Financial Protection Act (CFPA) applies to companies engaged in targeted advertising of financial products and services. Because the CFPB considers these companies to be covered by the CFPA, they would be subject to civil money penalties … Continue Reading

Privacy Legislation Update: The “Three Corners” Bill and the Cantwell Draft

On June 3, 2022, members of the U.S. Congress released a bipartisan, bicameral discussion draft of a comprehensive national data privacy and data security framework. The draft is notable in that it reflects a compromise on the two issues that have for years vexed lawmakers angling for federal privacy legislation: preemption and private right of … Continue Reading

CFPB and Fintech Companies: Charting a New Course on Regulatory Supervision

As a fintech company, platform offering payment services, or a cryptocurrency business, you may be used to operating in uncharted waters; the Consumer Financial Protection Bureau (CFPB), however, is ready to start drawing some maps. It has announced that it will begin to exercise its supervisory authority over non-bank consumer financial entities that the CFPB has reason … Continue Reading

BBB National Programs’ Center for Industry Self-Regulation Launches Roadmap for Teen Privacy

On April 19, 2022, the BBB National Programs’ Center (BBB NP) for Industry Self-Regulation launched the TeenAge Privacy Program (TAPP) Roadmap, a new operational framework to help companies develop digital products and services attuned to privacy risks facing teenage consumers. In the United States, children 12 and under are protected by the Children’s Online Privacy … Continue Reading

FTC Settles with Weight Watchers in First Children’s Privacy Case Requiring Deletion of Algorithms

On February 16, 2022, the Federal Trade Commission (FTC) filed a proposed settlement order in federal court in its case against WW International, Inc (formerly known as Weight Watchers International, Inc.) and its subsidiary Kurbo, Inc. (Kurbo) to resolve allegations that the defendants violated the Children’s Online Privacy Protection Act and its implementing rules (COPPA).1 The … Continue Reading

European Court of Justice Finds That “Inbox Advertising” Is Direct Marketing

On November 26, 2021, the Court of Justice of the European Union (CJEU) held[1] that the display of advertising messages in an email inbox, in a form similar to an email, constitutes direct marketing and requires users’ consent under the ePrivacy Directive.[2] The CJEU also held that this practice constitutes ‘persistent and unwanted solicitations’ under … Continue Reading

Liu v. SEC: Foreshadowing a Challenge to the FTC’s Disgorgement Authority

In Liu v. Securities & Exchange Commission,1 the Supreme Court upheld, but circumscribed, the Securities and Exchange Commission’s (SEC’s) disgorgement authority by holding 8-1 that the SEC may seek disgorgement through its equitable relief power only if the award does not exceed a wrongdoer’s net profits and is awarded to victims. Although this decision is important in … Continue Reading

WSGR Event Recap: Online Advertising and Privacy—An Overview of Global Legal Developments

On May 22, 2019, WSGR and the Future of Privacy Forum (FPF) co-hosted an event focusing on advertising technology and how to overcome the challenges of complying with evolving global privacy requirements. Jules Polonetsky from FPF opened the program, focusing on the evolution of online advertising, from contextual to programmatic behavioral advertising. WSGR attorneys Lydia … Continue Reading

Vermont Enacts Groundbreaking Data Broker Regulation

Recently, Vermont became the first state to enact legislation that regulates data brokers who buy and sell personal information. Under the new law, data brokers in Vermont will now have to register with the state, adopt standard security measures, and provide information to the state regarding their data collection practices. The law was passed in … Continue Reading

Facebook Biometric Suit Moves Forward

The U.S. District Court for the Northern District of California recently ruled that a certified class action on behalf of Illinois Facebook users alleging that the social network unlawfully collects biometric data from photo tagging will go forward, denying both parties’ summary judgment motions. This case is one of the first major tests of the … Continue Reading

FTC Grants Sears’ Petition to Reopen and Modify 2009 Order Concerning Online Browsing Tracking

The Federal Trade Commission (FTC) recently granted a petition by Sears Holding Management requesting that the FTC reopen and modify a 2009 FTC order settling charges that Sears failed to disclose adequately the scope of consumers’ personal information it collected via a downloadable software app. Sears’ 2009 Order On August 31, 2009, the FTC entered … Continue Reading

Online Talent Agency Stars in FTC’s 30th COPPA Case

On February 5, 2018, the Federal Trade Commission (FTC) announced its most recent Children’s Online Privacy Protection Act (COPPA) case against Explore Talent, an online talent agency marketed to aspiring actors and models.1 According to the FTC’s complaint, the company provided a free platform for users to find information about auditions, casting calls, and other … Continue Reading

Sears Petitions FTC to Reopen and Modify 2009 Order Concerning Online Browsing Tracking

The Federal Trade Commission (FTC) is seeking public comment on a petition by Sears Holding Management requesting that the FTC reopen and modify a 2009 FTC order settling charges that Sears failed to disclose adequately the scope of consumers’ personal information it collected via a downloadable software app. For more information, click here to see our … Continue Reading

To Disclose or Not To Disclose: The FTC’s Dueling Concurrences over Deceptive Omissions in Lenovo

On September 5, 2017, the Federal Trade Commission (FTC) announced that it and 32 state attorneys general had settled charges with Lenovo, Inc., regarding the company’s practice of pre-loading advertising software on its laptops that compromised consumers’ cybersecurity and privacy.1 In many respects, the case was reasonably straightforward: the facts as alleged were clear, and … Continue Reading

Hello, Dolly: What You Need to Know About Connected Smart Toys and Privacy

As connected devices become ubiquitous, it comes as no surprise that interactive toys that connect to the internet are more popular than ever. At the same time, regulators have taken note of the privacy and security concerns raised by lawmakers and privacy advocates about the proliferation of smart toys that collect personal information from kids. … Continue Reading
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