The U.S. Consumer Product Safety Commission (CPSC) settled an administrative lawsuit against Britax Child Safety, Inc. over claims that some models of their B.O.B. jogging strollers present a substantial product hazard due to an alleged design defect. As we previously reported, the suit was filed in February 2018 after reports that the front wheel
FTC Releases Cybersecurity Resources for Small Businesses
Small businesses face the same cybersecurity risks as large multinationals but lack a large IT infrastructure to help protect themselves. At the direction of former Federal Trade Commission (FTC) Acting Chairman Maureen Ohlhausen, the FTC launched a new cybersecurity campaign aimed at helping small businesses navigate the ever-evolving cyber landscape, coordinated with the Department of
National Privacy Legislation May be on the Horizon
The recent passage of the California Consumer Privacy Act (CCPR) earlier this summer and the entry into force of the General Data Protection Regulation (GDPR) last May has put consumer privacy squarely on the national agenda. Now there are signs that government is responding. While a number of privacy bills have been introduced in Congress
Agency Comings and Goings
This week has seen several significant changes at the Commission level at both the Consumer Product Safety Commission (CPSC) and the Federal Trade Commission (FTC).
CPSC
After several months of stasis, the Senate voted to confirm Peter Feldman as a Commissioner on the CPSC, with a term expiring October 26, 2019. Feldman takes the place
NIST Launches Development of Voluntary Privacy Risk Management Framework
The National Institute of Standards and Technology (NIST) has launched a collaborative effort to develop a voluntary framework that will help organizations manage privacy risks and protect consumer privacy when developing and using innovative technologies. According to NIST, a robust cybersecurity program can help manage risks, but organizations need customizable tools for addressing the challenges
FTC Approves ESRB’s Updated COPPA Safe Harbor Program
The Federal Trade Commission (FTC) approved modifications to the video game industry’s Children’s Online Privacy Protection Act (COPPA) program. Earlier this year, the Entertainment Software Ratings Board (ESRB) proposed several substantive changes intended to take account of recent FTC COPPA rules and guidance.
To receive FTC approval, COPPA safe harbor programs must “implement substantially
23 California DAs Obtain $1.5 Million Settlement for Deceptive Biodegradable Claims
Environmentally conscious consumers often look for products advertised as “green.” But labeling plastic products as “biodegradable” may land you on the legal compost heap if you can’t meet federal and state regulations governing green marketing. Amazon was just the latest company to find itself in the crosshairs when 23 California district attorneys charged that it
California Company Settles with FTC over Alleged Privacy Shield Misrepresentations
If a company claims to be certified under the EU-U.S. Privacy Shield framework when it hasn’t even completed the paperwork, the Federal Trade Commission (FTC) isn’t likely to let it slide. ReadyTech, a California-based online training services company, made such a claim on its website, in violation of the FTC Act’s prohibition against deceptive acts
State Data Breach Notification Laws – Overview of Requirements for Responding to a Data Breach – Updated July 2018
With the ever-changing complexity of state data breach notification laws, companies facing a data breach need resources that will help them understand the issues. This summary provides an overview of the similarities and differences in data breach laws adopted in the 50 United States and the District of Columbia and includes laws enacted since our
CPSC Releases Revised Draft Age Appropriate Guidelines for Consumer Products
The U.S. Consumer Product Safety Commission (CPSC) announced potential changes to its 2002 Age Determination Guidelines Relating Children’s Ages to Toy Characteristics and Play Behavior (2002 Guidelines). The new draft guidance, titled Guidelines for Determining Age Appropriateness of Toys (Draft 2018 Guidelines), “addresses toys that have come onto the market since the last update and