After the EU-U.S. Privacy Shield was rendered invalid by the Court of Justice of the European Union (CJEU) in July 2020, and following a prior challenge to the U.S.-EU Safe Harbor, many businesses operating on both sides of the pond scrambled to find other ways to protect data flows between the EU and U.S. that
WW International to Pay $1.5 Million Civil Penalty for Alleged COPPA Violations
In 2014, with childhood obesity on the rise in the United States, tech company Kurbo, Ltd. (Kurbo) marketed a free app for kids that, according to the company, was “designed to help kids and teens ages 8-17 reach a healthier weight.” When WW International (WW) (formerly Weight Watchers) acquired Kurbo in 2018, the app was
Keurig Agrees to Pay $10 Million to Settle Class Action Over Charges of Misleading Recyclable Claims
On February 24, 2022, Keurig Green Mountain, Inc. (Keurig) agreed to pay $10 million to settle a long-running class action that alleged the coffee company deceptively advertised its K-Cups pods’ recyclability by misleadingly labeling and marketing them as “recyclable” when the pods were in fact not accepted for recycling in many areas. The settlement follows
Fashion Nova Settles with FTC for $4.2 Million Over Charges it Omitted Negative Reviews
You might think that paying more than $9 million to settle charges of violating the Federal Trade Commission’s (FTC) Mail Order Rule would have spurred clothing retailer Fashion Nova, LLC to review its consumer protection compliance posture. But for the second time in two years, Fashion Nova has found itself in trouble with the FTC,
Sheila Millar Authors “The Right to Repair: Implications for Consumer Product Safety and Data Security” for Inhouse Defense Quarterly
Keller and Heckman partner Sheila Millar wrote the Inhouse Defense Quarterly article, “The Right to Repair: Implications for Consumer Product Safety and Data Security. The article examines the potential effects of President Biden’s July 9, 2021, executive order that aims to expand consumers’ “right to repair.” Advocates of the right to repair, including the Federal
Legislators Ask COPPA Safe Harbor Organizations for Information
Children’s Online Privacy Protection Act (COPPA) enforcement actions closed out 2021 (see our blog post) and children’s online privacy remains a hot topic in Congress in 2022. After a series of articles by The Wall Street Journal last September uncovered Instagram’s own research on possible harms to teenagers from social media engagement, members of the
Major COPPA Settlements Close Out 2021
Two important settlements involving alleged violations of the Children’s Online Privacy Protection Act (COPPA) were announced in December 2021. Actions by both federal and state regulators reinforce that COPPA remains on the regulatory radar screen, particularly when it comes to ad tech. Efforts to more broadly limit programmatic advertising are also underway.
FTC and OpenX
The State of State Privacy Laws: A Comparison
In the absence of a comprehensive U.S. federal privacy law, three states – California, Virginia, and Colorado – have enacted comprehensive privacy laws as of this year. The California Consumer Privacy Act (CCPA) is in effect now, and the California Privacy Rights Act (CPRA), Virginia Consumer Data Protection Act (VCDPA), and Colorado Privacy Act (CPA)
FTC Takes Aim at Negative Option Marketing with New Enforcement Policy Statement
“Dark patterns” – user interfaces that are designed, intentionally or unintentionally, to influence user decision making – have been increasingly on the Federal Trade Commission’s (FTC or Commission) radar. As we previously reported, the FTC held a workshop earlier this year to examine, among other things, how dark patterns affect online user behavior and
Another New Face at CPSC as Trumka Confirmed
Richard Trumka, Jr., nominated by President Biden for a seat on the U.S. Consumer Product Safety Commission (CPSC), was confirmed Tuesday evening, November 16, 2021, by a unanimous voice vote in the Senate. When he takes his oath of office, which will likely be within a week or two, Trumka will take the seat of