On May 17, 2023, the Federal Trade Commission (FTC) announced a proposed settlement agreement (in the form of a stipulated order)1 with Easy Healthcare Corporation, which operates the Premom fertility tracking app (Premom). The FTC alleges Premom misrepresented its data sharing practices to consumers and failed to provide notice to users when it shared their health information without … Continue Reading
On May 18, 2023, the Federal Trade Commission (FTC) announced a number of proposed amendments to the Health Breach Notification Rule (the Rule), the latest in a series of actions taken by the agency to make health apps and other similar technologies (such as fitness trackers) subject to the Rule. If adopted, the proposed amendments … Continue Reading
On May 18, 2023, the Federal Trade Commission (FTC) unanimously voted during its open meeting to adopt a new policy statement on biometric information and Section 5 of the FTC Act. In the statement, the FTC warns companies that it is committed to addressing deceptive and unfair practices involving the collection and use of biometric information, and … Continue Reading
On May 3, 2023, the Federal Trade Commission (FTC) announced that it issued an order to show cause (the “show cause order”) to Meta Platforms, Inc. (formerly Facebook, Inc., “Meta”). The show cause order proposes major changes to the April 2020 order (the “2020 order”) pursuant to which Meta agreed to make substantial changes to its privacy program and pay a … Continue Reading
On March 2, 2023, the Federal Trade Commission (FTC) announced a proposed settlement agreement (also referred to as “proposed consent order”) with BetterHelp, Inc., an online counseling service, for allegedly disclosing its website visitors’ and users’ “health information” to advertisers, despite making representations on the company’s website and in the company’s privacy policy that such information would … Continue Reading
On February 1, 2023, the Federal Trade Commission (FTC) announced a complaint against and proposed settlement agreement (the “proposed order”) with GoodRx, a digital health company, over its data sharing practices that allegedly resulted in the disclosure of sensitive health information to third-parties. This is the first enforcement action the FTC has ever brought under the … Continue Reading
On November 15, 2022, the Federal Trade Commission (FTC) announced it is extending the deadline for covered financial institutions to comply with the updated Safeguards Rule of the Gramm-Leach-Bliley Act (GLBA) by six months. The FTC originally published updates to the Safeguards Rule in October 2021. Under the updated rule, covered financial institutions had until … Continue Reading
On October 31, 2022, the Federal Trade Commission (FTC) announced a complaint and proposed consent order against Chegg, an edtech company, over its security practices that resulted in four security breaches in three years. The commissioners unanimously voted to approve the proposed order. The case follows the FTC’s announcement earlier this year that it would scrutinize the … Continue Reading
On October 19, 2022, the Federal Trade Commission (FTC) held a virtual event to explore the concept of “blurred” advertising in digital media and its impact on children. As the FTC is considering updates to rules related to both the Children’s Online Privacy Protection Act (COPPA) and advertising, Chair Lina Khan suggested that children are … Continue Reading
On October 24, 2022, the Federal Trade Commission (FTC) announced a proposed consent order against Drizly and its CEO, James Cory Rellas, over the online alcohol marketplace company’s data breach incident in 2020, which exposed personal information of about 2.5 million customers. The order is noteworthy in that it 1) personally names and requires Drizly’s … Continue Reading
On September 15, 2022, the Federal Trade Commission (FTC) held an open Commission meeting that covered three agenda items: 1) a rulemaking on impersonation scams, 2) a policy statement on enforcement related to gig work, and 3) a staff report on dark patterns. While items (1) and (3) moved forward with a bipartisan 5-0 vote, the policy statement on the gig economy was … Continue Reading
On August 11, 2022, the Federal Trade Commission (FTC) took the first step toward creating national privacy and security rules that, if finalized, would apply across most sectors of the U.S. economy. The agency unveiled an Advance Notice of Proposed Rulemaking (ANPRM), which asks for public comment on 95 questions, ranging from topics such as targeted advertising, … Continue Reading
On June 24, 2022, the United States Supreme Court issued its decision in Dobbs v. Jackson Women’s Health Organization,1 opening a legal path to state laws restricting or prohibiting access to certain reproductive health services. To enforce these laws, law enforcement officials may attempt to access individuals’ health information, including from technology platforms that process health information … Continue Reading
Last week, the Federal Trade Commission (FTC) and the District Attorneys of Los Angeles County and Riverside County agreed to an order to settle claims against Frontier Communications Intermediate, LLC and its parent company, Frontier Communications Parent, Inc. (collectively, Frontier). The plaintiffs alleged that Frontier promised internet speeds that Frontier did not deliver. The order, approved by … Continue Reading
On March 15, 2022, the Federal Trade Commission (FTC) announced it had filed a complaint against Residual Pumpkin Entity, LLC, formerly doing business as CafePress, and PlanetArt LLC, which bought CafePress in 2020 (collectively, CafePress). The FTC alleged that CafePress, an online platform used by consumers who bought or sold customized t-shirts, mugs, and other merchandise, had, … Continue Reading
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
So you’re a fintech startup, buying a fintech company, or expanding the technical capabilities of your financial business. Or you’re a tech company that is getting into the payments space. Where do you start when it comes to figuring out what consumer protection laws apply to you? You should be aware that, for the past … Continue Reading
The U.S. Supreme Court’s April 2021 decision in the AMG matter significantly limited the Federal Trade Commission’s (FTC’s) ability to seek monetary redress for consumers under the FTC Act, relief the FTC had successfully obtained for over four decades. Since the Supreme Court announced its decision, the FTC has been deploying new strategies to return money to … Continue Reading
On October 27, 2021, the Federal Trade Commission (FTC) released a final rule that updates the Safeguards Rule of the Gramm-Leach-Bliley Act (Final Rule). This Final Rule comes after the FTC sought comment on proposed changes to the Safeguards Rule in 2019 and held a public workshop in 2020.… Continue Reading
Justices Considered Whether Certain Court-Imposed Monetary Remedies Are Legal On Wednesday, January 13, 2021, the U.S. Supreme Court heard arguments in the much-anticipated case of AMG v. FTC, which challenges the Federal Trade Commission’s (FTC’s) authority to obtain monetary relief in court under Section 13(b) of the FTC Act. The Court’s decision is likely to have a significant … Continue Reading
On June 30, 2020 the Federal Trade Commission (FTC) announced that it reached a settlement in its litigation against NTT Global Data Centers (formerly RagingWire Data Centers) over allegations that the company misled customers about its adherence to the EU-U.S. Privacy Shield framework.1 As part of the settlement, the cloud service provider is required to hire … Continue Reading
On June 19, 2020, the Federal Trade Commission (FTC) submitted to Congress two reports that Congress requested in connection with the spending bill that funds the FTC. One of these reports (the “Resources Report”) describes the resources used and needed by the FTC to protect consumer privacy and security, and the second (the “Authorities Report”) describes … Continue Reading
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
On May 1, 2019, WSGR held an event in which regulators and experts discussed privacy developments in the U.S. and Europe. The first session featured a fireside chat with the Federal Trade Commission’s (FTC’s) Bureau of Consumer Protection Director, Andrew Smith, on “The State of Play at the FTC on Privacy.” In case you missed … Continue Reading
