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Category Archives: Federal Trade Commission

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Privacy Monday: July 14, 2014

Posted in Children, Federal Trade Commission

FTC Sues Amazon Over In-App Purchases Made by Children  Written by Jake Romero, CIPP Children, according to Whitney Houston, are our future, but they are also, according to the Federal Trade Commission, willing to spend unlimited amounts of money to purchase virtual items within mobile applications.  In a lawsuit filed after Amazon.com, Inc. resisted a… Continue Reading

Backlash Over Facebook Timeline Experiment Serves as a Reminder: User Expectations Still Trump Fine Print

Posted in Federal Trade Commission, Privacy Litigation, Privacy Regulation

Written by Jake Romero, CIPP If you are one of the approximately 1.3 billion people who use Facebook, you’ve likely experienced the phenomenon where a single event (like Luiz Suarez biting that Italian guy or pretty much anything involving TSA) manages to raise the ire of a large number of your Facebook friends, causing them… Continue Reading

Wyndham Gets Life Preserver in Data Breach Case

Posted in Data Breach, Data Breach Notification, Federal Trade Commission, Privacy Litigation

Written by Adam Veness New Jersey U.S. District Judge Esther Salas agreed to allow Wyndham Hotels and Resorts LLC to immediately appeal to the Third Circuit a ruling affirming the FTC’s authority to bring data security cases.  We have been following this case since the beginning, and you can see our last post here. Judge Salas… Continue Reading

“Selfie” Assessment – 4 Key Lessons from Snapchat’s Settlement with the FTC

Posted in Data Breach, Federal Trade Commission, Privacy Regulation

Written by Jake Romero, CIPP/US As a country we are quickly approaching a time in which most adults will be disqualified from being elected to public office because of something they posted on their social media account while growing up.  Against this backdrop of over-sharing, Snapchat, Inc. won over the hearts of its users with… Continue Reading

Regulators Speak at IAPP Breakfast Meeting in NYC

Posted in Cybersecurity, Data Breach, Data Compliance & Security, Federal Trade Commission

Written by Andowah Newton Some important takeaways to start your weekend: Data Breach Incidents—Especially “Ransom” Incidents, are on the Rise—One panelist observed that the New York State Attorney General’s Office received reports of approximately 900 data breach incidents during the past year alone.  There has been a significant increase in reports of “ransom” incidents, in… Continue Reading

NYC Women in Intellectual Property Discuss Cybersecurity

Posted in Cybersecurity, Data Breach, Data Compliance & Security, European Union, Federal Trade Commission

Written by Andowah Newton Yesterday, Mintz Levin attended a panel breakfast sponsored by the New York City Bar’s Committee on Women in Intellectual Property.  The panel featured two practitioners, one from the public sector and one from the private sector.  The panel was moderated by Karen Greenberg, Director at Fordham Law’s Center.   Some takeaways that we… Continue Reading

Privacy Monday: April 4, 2014 — Fandango and Credit Karma and What They Should Mean to Your Mobile App

Posted in Federal Trade Commission, Mobile Privacy, Privacy Monday

Welcome to the first Monday in April. Our Privacy Monday is a report on the Federal Trade Commission’s latest privacy notice-related settlements with Fandango and Credit Karma.   These settlements should be reviewed by any company with (or planning to have) mobile applications and reinforces our mantra:  Say what you do, and do what you say.   … Continue Reading

FTC Approves Another COPPA Safe Harbor Program

Posted in Children, Federal Trade Commission, Privacy Regulation

Written by Julia Siripurapu The FTC has announced its unanimous approval for the kidSAFE Seal Program proposed by Samet Privacy, LLC under the “safe harbor” provision of the COPPA Rule (the “kidSAFE Seal Program”). The Commission’s decision comes after an extended public comment period due to the agency’s shutdown last year.  For more information regarding… Continue Reading

BREAKING NEWS: FTC Announces Major Settlement with Apple

Posted in Children, Federal Trade Commission

Written by Julia Siripurapu and Cynthia Larose Apple Agrees to Pay Consumers At Least $32.5 Million to Settle Complaint of Unfair Billing Related to Children’s In-App Charges FTC Chairwoman Edith Ramirez just announced (press conference) that Apple, Inc. (“Apple”) has agreed to provide consumers full refunds of at least  $32.5 Million Dollars to settle the… Continue Reading

COPPA: New Year, New Requests to FTC For Investigation of Violations

Posted in Children, Federal Trade Commission, Privacy Regulation

Written by Julia Siripurapu As we predicted in our prior blog post reviewing the key children’s privacy developments of the past year, 2014 is turning out to be the year of enforcement of children’s privacy regulations! The first two requests for investigation under the Amended COPPA Rule have been filed with the FTC by the Center… Continue Reading

COPPA: “Knowledge-Based Authentication” Method Approved by Federal Trade Commission

Posted in Children, Federal Trade Commission

Written by Julia Siripurapu The FTC has announced (press release) that it has unanimously approved the knowledge-based authentication method proposed by Imperium, LLC (“Imperium”) as a COPPA-compliant method of obtaining verifiable parental consent (“VPC”). Knowledge-based authentication has been used by entities in the financial services industry to authenticate users for several years. For more information… Continue Reading

On the Eighth Day of Privacy, my Mobile Apps Know Everything About Me . . .

Posted in Cybersecurity, Federal Trade Commission, Mobile Privacy

Of all the “Days of Privacy” looking forward to 2014, we believe that the issues surrounding mobile applications and privacy will see some of the most intense regulatory focus …. read on, and be prepared…. Written by Jake Romero, CIPP/US One could argue that the guiding principle behind the exponential growth and pervasive influence of… Continue Reading

On the Seventh Day of Privacy, the FTC Gave to Me….

Posted in Children, Federal Trade Commission, Privacy Regulation

Significant compliance obligations with children’s privacy rules!  Written by Julia Siripurapu, CIPP/US Last December, the FTC gave to us the long awaited (or maybe not so much by covered entities!) final amendments to the 14-year old Children’s Online Privacy Protection Act (COPPA) Rule (the “COPPA Rule,” and as amended, the “Amended COPPA Rule”). Published in… Continue Reading

On the Fourth Day of Privacy, the Internet gave to me….

Posted in Data Compliance & Security, Federal Trade Commission

Editor’s comment:  Today’s version of “four calling birds” might look more like: your refrigerator, your smartphone, your home security system and your energy management system…..all connected to the Internet of Things Written by Jonathan Cain, CIPP/G Web cameras, burglar alarms, fitness monitors, smartphones, and a host of other internet connected devices all have the potential to… Continue Reading

Google pays BIG to state Attorney Generals for Improper Consumer Tracking

Posted in Class Action Litigation, Data Compliance & Security, Federal Trade Commission, Privacy Litigation, Privacy Regulation

Written by Julia Siripurapu Earlier this month, Google, Inc. (“Google” or “Company”) entered into an  agreement with the Attorney Generals of 37 states and the District of Columbia, settling allegations of violation of  the participating states’ consumer protection or applicable computer abuse statutes (the “Settlement Agreement”). Here’s what got the tech giant in trouble: Google… Continue Reading

FTC Votes 4-0 to Extend Public Comment Deadline on Two COPPA Proposals

Posted in Children, Federal Trade Commission

The FTC has announced (press release) that, as a result of the recent shut down of the agency, the Commission has voted unanimously to extend the public comment periods for two recent proposals under the COPPA Rule. Specifically, the public comment period for the verifiable parental consent solution proposed by Imperium, LLC (“Imperium VPC Method”) scheduled… Continue Reading

FTC and the “Internet of Things”: Franchisor on the hook

Posted in Data Compliance & Security, Federal Trade Commission, Privacy Regulation

Written by Amy Malone Last fall the Federal Trade Commission brought cases against a software developer and rent-to-own stores that secretly monitored people in their homes.  The developer provided the stores with software that had a “Detective Mode” that once enabled allowed the stores to log key strokes, capture screen shots, take pictures using the… Continue Reading

Senator Markey Back in the Privacy Hunt: Google’s New Terms of Service Prompt Letter to FTC

Posted in Federal Trade Commission, Online Advertising, Privacy Regulation

Written by Adam Veness Google has recently announced changes to its terms of service that will allow Google to incorporate its users’ photos, comments and names in advertisements.  This new policy will go into effect on November 11th. Seemingly always quick to action when privacy issues are implicated, Senator Edward J. Markey (D-MA) has already… Continue Reading

FTC Seeks Public Comment on Proposed kidSAFE COPPA Safe Harbor Program

Posted in Children, Federal Trade Commission

Written by Julia Siripurapu, CIPP In a Federal Register notice to be published shortly, the FTC is seeking public comment on the kidSAFE Seal Program proposed by Samet Privacy, LLC under the “safe harbor” provision of the COPPA Rule. This provision enables industry groups or other interested entities to submit to the FTC for approval… Continue Reading

FTC Invites You to Comment on Another COPPA Verifiable Parental Consent Method

Posted in Children, Federal Trade Commission

Written by Julia Siripurapu The FTC has announced (press release) that it is seeking public comment on a second verifiable consent method proposed under the Voluntary Commission Approval Process provision of the COPPA Rule. The proponent is Imperium, LLC (“Imperium”), a Connecticut-based technology services company. The Federal Register notice inviting public comment will be published shortly…. Continue Reading

Internet Peeping Toms and The Internet of Things Face New Hurdles: FTC Settles with TRENDnet, Inc.

Posted in Data Compliance & Security, Federal Trade Commission

Written by Adam Veness The Federal Trade Commission (“FTC”) recently entered into a settlement agreement with TRENDnet, Inc., a company that sells Internet Protocol (“IP”) cameras that allow customers to monitor their homes remotely over the Internet.  Notably, this is the FTC’s first action against a seller of everyday products that connect to the Internet… Continue Reading

You Can Have a Say on a New Mechanism for Obtaining Verifiable Parental Consent under the COPPA Rule

Posted in Children, Federal Trade Commission, Privacy Regulation

Written by Julia Siripurapu, CIPP Yesterday, the FTC published a Federal Register notice requesting public comment on the first new method for obtaining verifiable parental consent submitted for FTC approval by AssertID, Inc under the Voluntary Commission Approval Process provision of the COPPA Rule. The FTC is particularly interested in receiving comments on the questions… Continue Reading

Huge FCRA Verdict Against Equifax Shows Potential Costs of Failing to Protect and Correct Consumer’s Credit History

Posted in Federal Trade Commission, Privacy Litigation

Written by Kevin McGinty Last week an Oregon jury awarded an individual plaintiff over $18 million in compensatory and punitive damages in what some sources have reported to be the first jury verdict in a case brought under the Fair Credit Reporting Act (“FCRA”), 15 U.S.C. § 1681a(c).  The plaintiff, Julie Miller, discovered problems with her… Continue Reading

FTC v. Wyndham: Wyndham Calls for Back-Up

Posted in Data Breach Notification, Federal Trade Commission, Privacy Litigation, Privacy Regulation

Written by Adam Veness It appears that Wyndham Hotel & Resorts LLC (“Wyndham”) has received reinforcements in its defense against the Federal Trade Commission’s (the “FTC”) case.  A federal judge has agreed to allow the U.S. Chamber of Commerce and several other organizations to file an amicus curiae brief in support of dismissing the FTC’s… Continue Reading