Tag Archives: Federal Trade Commission

FTC Reminds Companies of Impending COPPA Deadline

On May 15, 2013, the Federal Trade Commission announced that it sent educational letters to over 90 businesses that appear to collect personal information from children under the age of 13, reminding them of the impending July 1 deadline for compliance with the updated Children’s Online Privacy Protection Rule (the “Rule”). The letters were sent to domestic and foreign companies that may be collecting information from children that is now considered “personal information” under the Children’s Online Privacy Protection Act (“COPPA”) but was not previously considered “personal information.” The definition of “personal information” under COPPA was expanded to include (1) photos, videos and audio recordings of children; and (2) persistent identifiers that may recognize users over time and across various websites and online services (e.g., cookies and IP addresses).

Continue reading…

Tags: Consumer Protection, Cookies, COPPA, Enforcement, Federal Trade Commission, Online Privacy, U.S. Federal Law

FTC Sends Warning Letters to Data Brokers Regarding FCRA Violations

On May 7, 2013, the Federal Trade Commission announced that it issued letters to ten data broker companies warning that their practices could violate prohibitions against selling consumer information under the Fair Credit Reporting Act (“FCRA”). The FTC identified the ten data broker companies after a test-shopping operation that indicated these companies were willing to sell consumer information without adhering to FCRA requirements.

Continue reading…

Tags: Consumer Protection, Credit Report, Cross-Border Data Flow, Data Protection Authority, FCRA, Federal Trade Commission, Financial Privacy, Information Security, Online Privacy

FTC Won’t Delay COPPA Rule Implementation Deadline

On May 6, 2013, the Federal Trade Commission announced that it had voted unanimously to reject a request from industry groups to delay the July 1, 2013 deadline for implementation of the updated Children’s Online Privacy Protection Rule (the “Rule”). The groups had argued that the delay was necessary because they needed more time to comply with the changes to the Rule, which the FTC promulgated on December 19, 2012. In its response to the groups, the FTC asserted that the groups have been on notice of the changes since the beginning of the rulemaking process over three years ago, and a number of the updates constitute only minor changes from existing standards and obligations. The FTC’s letter also indicated that, in appropriate cases, in the months immediately following the implementation deadline, the FTC might exercise prosecutorial discretion with respect to small entities that have made a good-faith effort to comply with the updated Rule.

View the text of the updated COPPA Rule.

Tags: Advertisement, Consumer Protection, COPPA, Enforcement, Federal Trade Commission, Online Privacy

FTC Issues Updated FAQs Addressing COPPA Compliance Requirements

On April 25, 2013, the Federal Trade Commission released an updated version of its frequently asked questions regarding the Children’s Online Privacy Protection Act of 1998 (“COPPA”). The revised FAQs, entitled Complying with COPPA: Frequently Asked Questions (A Guide for Business and Parents and Small Entity Compliance Guide), provide general information on COPPA’s requirements and also include new guidance on the recent amendments to the Children’s Online Privacy Protection Rule (“COPPA Rule”).

Continue reading…

Tags: COPPA, Federal Trade Commission, Geolocation, Internet, Mobile App, Online Privacy, Personally Identifiable Information, Privacy Policy, Social Security Number

FTC Seeks Input on The Internet of Things

On April 17, 2013, the Federal Trade Commission issued a press release seeking public input on “The Internet of Things” – the ability of numerous “everyday devices to communicate with each other and with people.” The FTC will accept comments through June 1, 2013, in advance of a public workshop to be held in Washington, D.C. on November 21, 2013.

Continue reading…

Tags: Centre for Information Policy Leadership, Consumer Protection, Cybersecurity, Federal Trade Commission, Health Privacy, Information Security, Internet, Mobile Device, Online Privacy

FTC Sends FCRA Warning Letters to Tenant Rental History Websites

On April 3, 2013, the Federal Trade Commission issued a press release announcing that it had sent warning letters to operators of six websites that provide rental history reports to landlords for tenant screening purposes. The letters informed the website operators that they may be considered consumer reporting agencies (“CRAs”) subject to the requirements of the Fair Credit Reporting Act (“FCRA”).

Continue reading…

Tags: Consumer Protection, Credit Report, Enforcement, FCRA, Federal Trade Commission, Information Security, Online Privacy

FTC Releases Report on the Increased Use of Mobile Payments

On March 8, 2013, the Federal Trade Commission issued a staff report entitled Paper, Plastic… or Mobile? An FTC Workshop on Mobile Payments (the “Report”). The Report is based on a workshop held by the FTC in April 2012 and highlights key consumer and privacy issues resulting from the increasingly widespread use of mobile payments.

Although the FTC recognizes the benefits of mobile payments, such as ease and convenience for consumers and potentially lower transaction costs for merchants, the Report notes three areas of concern with the mobile payments system: (1) dispute resolution, (2) data security and (3) privacy.

Continue reading…

Tags: Consumer Protection, Federal Trade Commission, Financial Privacy, Geolocation, Information Security, Mobile App, Mobile Device, Online Privacy, Privacy By Design

Ramirez to Be Named FTC Chair

On February 28, 2013, a White House official confirmed that President Obama will nominate Edith Ramirez as Chair of the Federal Trade Commission. Ramirez, who has served as an FTC Commissioner since April 2010, will replace outgoing Chairman Jon Leibowitz, who announced his departure earlier this month.

Prior to being nominated to the FTC in 2010, Ramirez worked as an attorney in private practice, focusing on litigation and antitrust issues. Ramirez has been an active participant in the Asia-Pacific Economic Cooperation Data Privacy Subgroup and the development of the APEC Cross-Border Privacy Rules system.

Ramirez’s appointment, which is subject to Senate approval, will open a Commissioner spot on the FTC. It is unclear at this time who President Obama may nominate to fill her former position.

Tags: Consumer Protection, Edith Ramirez, Enforcement, Federal Trade Commission, Jon Leibowitz, Obama, Online Privacy

FTC Settles Charges in First Case Against Mobile Device Manufacturer

On February 22, 2013, the Federal Trade Commission announced that it had settled charges against HTC America, Inc. (“HTC”) alleging that the mobile device manufacturer “failed to take reasonable steps to secure the software it developed for its smartphones and tablet computers, introducing security flaws that placed sensitive information about millions of consumers at risk.” This settlement marks the FTC’s first case against a mobile device manufacturer.

Continue reading…

Tags: Consent Order, Consumer Protection, Enforcement, Federal Trade Commission, Information Security, Mobile App, Mobile Device

FTC Study Reports on Inaccuracies in Consumer Credit Reports

On February 11, 2013, the Federal Trade Commission announced that a congressionally-mandated study of the U.S. credit reporting industry found that 26 percent of consumers identified at least one error that might affect their credit score. The study reported that 5 percent of consumers had errors on their credit reports that could result in less favorable terms for loans and insurance.

Continue reading…

Tags: Congress, Consumer Protection, Credit Report, FCRA, Federal Trade Commission, Financial Privacy, Obama