In a 4–1 vote, the Federal Trade Commission (FTC) has issued its long-awaited Statement of Enforcement Principles outlining the Commission’s approach to “unfair methods of competition” prohibited by Section 5 of the Federal Trade Commission Act (FTCA) but not necessarily by the Sherman or Clayton Act. The statement is brief, and those awaiting the type
Tips for Writing Social Media Policies
As many marketers spend a large and growing share of the ad spend on social media, basic principles of truthful advertising must be kept in mind and applied in the new and varied media. After all, the platforms may change, but the underlying requirements do not. Thus, for responsible marketers, a robust social media policy
FTC Issues Data Security Guidance
The U.S. Federal Trade Commission (FTC) issued new data security guidance for businesses on June 30, 2015. The publication, Start With Security: A Guide for Business, consolidates other guidance from the FTC that reflects its position that security by design, much as privacy by design, should be integrated into business processes. The guidance isn’t
Businesses Beware: FCC Adopts Significant TCPA Declaratory Ruling and Order
At its Open Meeting on June 18, 2015, the Federal Communications Commission (“FCC”) adopted a significant Declaratory Ruling and Order to clarify aspects of the Telephone Consumer Protection Act (“TCPA”), namely, the use of automatic dialing systems and/or artificial or prerecorded voice messages to send telemarketing and informational calls and texts to consumers (“robocalls”). The
Is Your Device ID “Personal”? Federal Appeals Court to Decide Under VPPA
A federal appellate court will consider early next month whether the Video Privacy Protection Act (VPPA) makes an “Android ID” – a device identifier used in Google’s smartphones –personally identifiable information (PII). The Eleventh Circuit has scheduled oral argument in the case, Ellis v. Cartoon Network, Inc., for June 3, 2015.
The plaintiff in
High Court to Decide If Congress Can Let Consumers Sue Over Publication of Inaccurate Personal Information Without Concrete Damages
The Supreme Court of the United States granted certiorari late last month in a case with important implications for consumer privacy and for the ability of Congress generally to create wholly new protections for consumers. Plaintiffs must always show that they have standing – a legally-protected interest that allegedly has been violated – before a
FTC Brings First Action Against Retail Tracking Company
On April 23, 2015, the Federal Trade Commission (FTC) announced that retail tracking company Nomi Technologies has agreed to settle FTC charges that it misled consumers. The FTC alleged that the company, which develops technology to allow retailers to track consumers’ movements through their stores, misled consumers by failing to uphold promises to provide a
California Federal Judge Rejects Apparel Company’s Motion to Dismiss “Made in America” Suit Under California Law
A California federal court this month ruled against defendants’ attempt to rely on a federal law requiring U.S.-origin claims on textile fabric products to displace a California statute with more stringent requirements about “Made in the USA” labels. The ruling allows a class action suit to proceed, lowering the hopes of retailers and manufacturers that
House Passes Cyber Information Sharing Bills
This week, the U.S. House of Representatives passed two cybersecurity information sharing bills that gained qualified support from the Obama Administration. Together, the bills (the Protect Cyber Networks Act (PCNA) and the National Cybersecurity Protection Advancement Act (NCPAA)) would authorize companies to share cyber threat information and defensive measures with each other and the
Managing “Cyber” – A New Guide for Companies on Cybersecurity and Addressing Cyberthreats and Cybercrime
The Paris-based International Chamber of Commerce (ICC) today released a new guide to help companies manage their cybersecurity, including how to address cyberthreats and how to prevent cybercrime. The ICC Cyber security guide for business, prepared by the ICC’s Commission on the Digital Economy, was written to help companies address the new types of