In a closely watched case where the Federal Trade Commission (FTC) pursued Wyndham Worldwide Corporation for several data breaches that led to millions of dollars in fraudulent charges on customers’ payment cards, the U.S. Court of Appeals for the Third Circuit on Monday agreed with the Commission’s broad interpretation of its “unfairness” authority (opinion here
privacy
Unlucky 13: FTC Settles Charges under International Safe Harbor Framework
Thirteen companies have agreed to settle with the Federal Trade Commission (FTC) charges relating to their participation in the U.S.–EU and U.S.–Swiss Safe Harbor Frameworks. Seven companies allegedly failed to renew their Safe Harbor self-certifications, including a sports marketing firm, two software developers, a research organization, a business information firm, a security consulting firm, and…
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…
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…
Data Breaches: Not Just for States and the FTC Anymore
The Federal Communications Commission (FCC) announced today that AT&T Services, Inc., will pay $25 million to resolve an investigation into whether the company violated Sections 201(b) and 222 of the Communications Act relating to consumer privacy at AT&T call centers in Mexico, Colombia, and the Philippines. According to the FCC’s order and consent decree,…
Privacy Class Action Claims on the Rise
From the allegations of Edward Snowden about official snooping on U.S. citizens (and non-Americans worldwide) to any of the seemingly innumerable data breaches hitting retailers like Home Depot and Target or movie/television studio Sony or pick-your-favorite-example, it’s rare that a day passes without some breaking news about privacy (or its sibling, cybersecurity).
Think of the…
COPPA Year In Review: Winners and Losers
Since new requirements under the updated Children’s Online Privacy and Protection Act (COPPA) entered into force in July, 2013, the Federal Trade Commission (FTC) has moved into an active enforcement phase, while also fielding requests to recognize new parental consent methods and safe harbor programs. Those interested in children’s online activities can draw some important…