By Sheila Millar, Tracy Marshall and Nathan Cardon on Posted in Data Security,PrivacyOnline talent search company Explore Talent just landed in the spotlight of the Federal Trade Commission (FTC). The Vegas-based company was charged with violating the Children’s Online Privacy Protection Act (COPPA), which requires that companies collecting information online must obtain informed, verifiable parental consent before collecting any information from a child under 13. The company… Continue Reading
By Sheila Millar, Tracy Marshall and Nathan Cardon on Posted in Data SecurityIn response to the Equifax data breach last September, when hackers gained access to the personal information of 143 million consumers, Senators Elizabeth Warren (D-MA) and Mark Warner (D-VA) have introduced a bill, The Data Breach Prevention and Compensation Act of 2018, that would ultimately impose security obligations on credit reporting agencies (CRAs). The bill… Continue Reading
By Sheila Millar, Tracy Marshall and Nathan Cardon on Posted in UncategorizedIn furtherance of the Restoring Internet Freedom Order that was adopted by the Federal Communications Commission (FCC) on December 14, 2017, the Federal Trade Commission (FTC) and FCC have entered into a Memorandum of Understanding (MOU) that lays out how the agencies will coordinate consumer protection efforts and manage enforcement actions. The MOU will take… Continue Reading
By Sheila Millar, Tracy Marshall and Nathan Cardon on Posted in CybersecurityIn 2009, Sears Holding Management settled with the Federal Trade Commission (FTC) over allegations that the company’s online tracking activity exceeded what they told consumers. Now, Sears has submitted a petition requesting that the FTC reopen and modify its settlement order, arguing that changing technology since 2009 has made the order’s definition of “tracking applications”… Continue Reading
By Sheila Millar and Nathan Cardon on Posted in Labeling,RegulationsContinuing Acting Chair Maureen K. Ohlhausen’s regulatory reform agenda, the Federal Trade Commission (FTC) has updated its website at RN.FTC.GOV to allow real-time electronic filings of requests to obtain, update, or cancel registered identification numbers (RN) under the Fur, Textile and Wool Labeling Rules. The new web-based process is intended to streamline applications from businesses… Continue Reading
By Sheila Millar, Tracy Marshall and Nathan Cardon on Posted in RegulationsWhen two celebrity gamers endorsed an online lotto service, they didn’t gamble on the Federal Trade Commission’s (FTC) insistence they tell their fans they actually owned the business they were promoting. Now, Trevor Martin and Thomas Cassell, and their company, CSGO Lotto, Inc., have settled charges of deceptive advertising. This is the first case the… Continue Reading
By Tracy Marshall and Nathan Cardon on Posted in AdvertisingRemember those ads from the 80s where an actor would start a medicine endorsement with the disclaimer: “I’m not a doctor, but I play one on TV”? A recent Federal Trade Commission (FTC) settlement order relating to the marketing of the dietary supplements CogniPrin and FlexiPrin is a good reminder about the importance of using… Continue Reading
By Sheila Millar and Nathan Cardon on Posted in Data SecurityThe Federal Trade Commission (FTC) has approved changes TRUSTe proposed to its safe harbor program several months ago under the Children’s Online Privacy Protection Act (COPPA) Rule. The approved modifications include a new requirement that program participants conduct an annual internal assessment of third-parties’ collection of personal information from children on their websites or online… Continue Reading
By Sheila Millar, Tracy Marshall and Nathan Cardon on Posted in PrivacyThe Federal Trade Commission’s Bureau of Consumer Protection is about to undergo reform, according to FTC Acting Chairman Maureen Ohlhausen. In a press release issued on July 17, the FTC stated that the changes are part of an ongoing initiative to simplify information requests and improve transparency that began last April, when Ohlhausen announced new… Continue Reading
By Sheila Millar, Tracy Marshall and Nathan Cardon on Posted in RegulationsAs part of Acting Chair Maureen K. Ohlhausen’s regulatory reform initiative, the Federal Trade Commission (FTC) is asking for the public’s input on the Picture Tube, Textile, Energy Labeling, and CAN-SPAM Rules. The comments will inform the Commission’s decision on whether to update these rules. The Textile Rule obliges marketers of textiles to label their goods properly… Continue Reading
By Sheila Millar, Tracy Marshall and Nathan Cardon on Posted in PrivacyIn a Federal Register notice, the FTC has asked for comments on intended changes to TRUSTe’s existing safe harbor program under the Children Online Privacy Protection Act (COPPA). TRUSTe proposed the changes following its settlement earlier this month with the New York Attorney General over allegations that the compliance and security company did not adequately… Continue Reading
By Sheila Millar, Tracy Marshall and Nathan Cardon on Posted in AdvertisingEveryone who is anyone is on Instagram these days, apparently. But not all posts on the photo-sharing platform are purely organic; some result from material connections between influencer or celebrity posters and the brands or products they are endorsing. This connection is not always made clear to viewers, however, according to the Federal Trade Commission… Continue Reading
By Sheila Millar on Posted in Advertising“Made in the USA” is an attractive selling point for many consumers who want to support homegrown industry, so it is the topic of many advertising claims for a variety of products. But to establish that a product is American-made, manufacturers have to show all its key parts were made here. And if steel tags… Continue Reading
By Sheila Millar, Tracy Marshall and Nathan Cardon on Posted in PrivacyOn March 1, the Federal Communications Commission (FCC) granted a temporary stay of one of the broadband privacy rules adopted in October of last year. That rule, which pertains to data security, would otherwise take effect on March 2. Newly installed FCC Chairman Ajit Pai and Federal Trade Commission (FTC) Acting Chair Maureen Ohlhausen issued… Continue Reading
By Sheila Millar, Tracy Marshall and Nathan Cardon on Posted in Advertising,PrivacyIf a business advertises it is a member of a privacy program, even a voluntary one, it had better be, according to the Federal Trade Commission (FTC). In separate but related complaints, the FTC alleged that three businesses – software provider Sentinel Labs Inc., private messaging app developer SpyChatter Inc., and cybersecurity software company Vir2us… Continue Reading
By Sheila Millar, JC Walker and Nathan Cardon on Posted in AdvertisingThe push to “Buy American” aims to encourage consumers and businesses to support homegrown industry. So, when a water filter maker’s claims of “buil[t] in the U.S.” didn’t hold water, the company quickly found itself in a sea of trouble with the FTC. Georgia-based iSpring advertised and sold its water filter to consumers on its… Continue Reading
By Sheila Millar, Tracy Marshall and Nathan Cardon on Posted in PrivacyHave you ever had the niggling suspicion your television was watching you? Apparently, if it was made by smart technology manufacturer VIZIO, it very well may have been. In a $2.2 million settlement with the Federal Trade Commission (FTC) and the New Jersey Attorney General, VIZIO acknowledged that it collected and sold data from 11… Continue Reading
By Sheila Millar, Tracy Marshall and Nathan Cardon on Posted in PrivacyIn 2015, Verizon found itself in hot water over charges it was using a “super cookie” that continued to operate even when users believed they had opted out of mobile phone data tracking. Verizon allegedly then sent the data obtained to a third party for targeted advertising purposes without its customers’ consent. Verizon settled with… Continue Reading
By Sheila Millar, Tracy Marshall and Nathan Cardon on Posted in CybersecurityNew research from security company Kaspersky Labs suggests that the use of ransomware is now so widespread that nearly every moment, a ransomware attack is being launched somewhere in the world on businesses and consumers. Ransomware, or malicious software that infiltrates computer systems and uses tools like encryption to deny access or hold data “hostage”… Continue Reading
By Sheila Millar, Tracy Marshall and Nathan Cardon on Posted in PrivacyTexas Attorney General (AG) Ken Paxton announced a settlement with an app developer over concerns that the developer’s apps infringed children’s privacy. The developer, Juxta Labs, Inc., offers a range of mobile apps and games. According to the AG’s press release, the company’s apps and social media were easy for children of any age to… Continue Reading
By Sheila Millar, Tracy Marshall and Nathan Cardon on Posted in Advertising,EnforcementSince we last wrote about how marketers can craft social media policies to offer engaging promotions while meeting the scrutiny of regulators, social media has continued to be a popular venue for marketers to reach consumers. The Federal Trade Commission (FTC) has also kept the spotlight on compliance with the FTC Guides Concerning Use of… Continue Reading
By Sheila Millar and Nathan Cardon on Posted in AdvertisingThe newly launched Children’s Confection Advertising Initiative (CCAI), modeled on the Children’s Food and Beverage Advertising Initiative (CFBAI) and its Core Principles, is the latest food industry self-regulatory announcement under which participants agree to limit advertising to children under 12 or in elementary schools (from pre-kindergarten through sixth grade). The Council of Better Business Bureaus… Continue Reading
By Sheila Millar and Nathan Cardon on Posted in Advertising,Labeling,RegulationsThe Federal Trade Commission (FTC or Commission) announced that it will extend the period for the public to comment on its proposed update to the Guides for the Jewelry, Precious Metals, and Pewter Industries (the Jewelry Guides, published in 16 C.F.R. Part 23). Comments are now due June 3, 2016, instead of April 4, 2016.… Continue Reading
By Sheila Millar, Tracy Marshall and Nathan Cardon on Posted in Advertising,LitigationLumosity, an online site and smartphone app, is supposed to help its users train their brains so they can achieve their “full potential in every aspect of life.” Unfortunately, the company was unenlightened when it came to avoiding false advertising claims. According to the Federal Trade Commission (FTC), the company claimed that using its products… Continue Reading
