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FTC Actions Posts
The FTC’s Role in Privacy
Apr 22, 2017
The FTC’s Role in Privacy
Acting Chairman of the Federal Trade Commission, Maureen Ohlhausen, answered questions about the FTC’s current role in data privacy before a crowded audience at the April 2017 IAPP Global Privacy Summit in D.C. Below are some take-aways we wanted to share from Commissioner Ohlhausen’s talk: Even if out of ISP oversight, the FTC is actively…
How The FTC Guides Businesses Through Data Breaches
Nov 10, 2016
How The FTC Guides Businesses Through Data Breaches
The Federal Trade Commission (“FTC”) recently released a data breach guide for businesses, along with a video and blog to help companies following the immediate aftermath of a data breach. The FTC also provides a model data breach letter to notify individuals of a breach. The agency – which views itself as the nation’s primary…
Judge Flunks Case Against LabMD, FTC Appeals
Apr 20, 2016
Judge Flunks Case Against LabMD, FTC Appeals
In March 2015, I wrote about the ongoing dispute between the FTC and LabMD, an Atlanta-based cancer screening laboratory, and looked at whether the FTC has the authority to take enforcement action over data-security practices alleged to be insufficient and therefore “unfair” under section 5(n) of the Federal Trade Commission Act (“FTCA”). On November 13,…
Highlights And Takeaways from the October 30th FTC Lead Generation Workshop
Nov 3, 2015
Highlights And Takeaways from the October 30th FTC Lead Generation Workshop
Exploiting consumers and exploiting consumer data were popular themes in the FTC’s October 30th workshop on lead generation, “Follow the Lead.” The day-long workshop explored the mechanics of lead generation and its role in the online marketplace. With a focus on the lending and education spaces, panelists discussed the many layers of marketing involved…
The Key to Steering Clear of the FTC’s Crack Down on Car Dealership Advertisements
Aug 13, 2015
The Key to Steering Clear of the FTC’s Crack Down on Car Dealership Advertisements
Car dealerships are notorious for running loud, flashy ads with too-good-to-be-true offers for outrageous deals to buy or lease cars. Some dealerships downplay or even hide the seemingly endless list of qualifications on those offers which render many potential buyers ineligible for the deals, much to the irritation of misled consumers. The FTC has…
Keeping Your Privacy Promises: Retail Tracking and Opt-Out Choices
May 26, 2015
Keeping Your Privacy Promises: Retail Tracking and Opt-Out Choices
As children, many of us were taught how important it is to “keep your word.” Similarly, it is black letter privacy law that if a company commits (for instance, in a privacy policy or in website statements) to certain actions or practices, such as maintaining certain security features or implementing consumers’ choices on opt-outs,…
Telemarketing Tips: What We Can Learn From Caribbean Cruise Lines’ Excursion With The FTC
Apr 2, 2015
Telemarketing Tips: What We Can Learn From Caribbean Cruise Lines’ Excursion With The FTC
The FTC’s “Do Not Call” and “robocall” rules do not apply to political survey calls. So, if Hillary Clinton sought to “voice blast” a survey about international issues, she could do so without violating the Telemarketing Sales Rule (“TSR”). (Though under FCC rules she would have an issue calling wireless numbers). However, companies may…
Why the FTC Can Go After Companies For Insufficient Data Security Allegations
Mar 6, 2015
Why the FTC Can Go After Companies For Insufficient Data Security Allegations
FTC seems more confident than ever in its authority to go after companies with insufficient data security measures. As of January 2015, FTC had settled 53 data-security enforcement actions, and FTC Senior Attorney Lesley Fair expects that number to increase. Not everyone is sanguine about FTC’s enforcement efforts. Companies targeted for administrative action complain…
Celebrity Endorsements, Online Poker and the FTC
Nov 19, 2014
Celebrity Endorsements, Online Poker and the FTC
Last week, without much attention, four new regulations affecting online gaming operations in New Jersey became effective under the authority of the Division of Gaming Enforcement. The rules include changes to directives on funding from social games, requirements for exclusivity, and operator server locations. However, the fourth rule is an addition which deals specifically with…
School Scams: FTC Cracks Down on Florida Online Diploma Mills
Oct 3, 2014
School Scams: FTC Cracks Down on Florida Online Diploma Mills
Online diploma mills, which require little or no coursework to complete a degree have recently garnered much attention within the online education realm. Websites which offer questionable diplomas for hundreds of dollars target vulnerable consumers seeking a degree to improve their life prospects, while simultaneously casting a shadow over legitimate online educational institutions which…
