On July 28, 2017, the FTC published the second blog post in its "Stick with Security" series. This week’s post, entitled "Start with security – and stick with it," looks at key security principles that apply to all businesses regardless of their size or the types of data they handle. The guidance offers five steps companies can take to ensure the security of the data they hold.… Continue Reading
On July 21, 2017, New Jersey Governor Chris Christie signed a bill that places new restrictions on the collection and use of personal information by retail establishments for certain purposes. The statute, which is called the Personal Information and Privacy Protection Act, permits retail establishments in New Jersey to scan a person’s driver’s license or other state-issued identification card only for eight purposes. … Continue Reading
On July 5, 2017, the FTC announced that Blue Global Media, LLC agreed to settle charges that it misled consumers into filling out loan applications and then sold those applications, including sensitive personal information contained therein, to other entities without verifying how consumers’ information would be used or whether it would remain secure.… Continue Reading
On June 12, 2017, a putative class action was filed in the U.S. District Court for the Northern District of Georgia against Tempur Sealy International, Inc. and Aptos, Inc. Tempur Sealy is a mattress, bedding and pillow retailer based in Lexington, Kentucky. Aptos is headquartered in Atlanta, Georgia, and formerly hosted and maintained Tempur Sealy’s … Continue Reading
Hunton & Williams LLP will host a webinar on Japan’s amendments to its Act on the Protection of Personal Information on June 29, 2017. This blog entry provides additional information on the event and a link to register for the complimentary program.… Continue Reading
On June 5, 2017, an Illinois federal court ordered satellite television provider Dish Network to pay a record 280 million dollars in civil penalties for violations of the FTC’s Telemarketing Sales Rule, the Telephone Consumer Protection Act and state law.… Continue Reading
On May 25, 2017, Oregon Governor Kate Brown signed into law H.B. 2090, which updates Oregon’s Unlawful Trade Practices Act by holding companies liable for making misrepresentations on their websites or in their consumer agreements about how they will use, disclose, collect, maintain, delete or dispose of consumer information.… Continue Reading
On May 23, 2017, Target reached a settlement with the Attorneys’ General of 47 states and the District of Columbia to resolve the states’ investigation of Target’s 2013 data breach.… Continue Reading
On May 22, 2017, New York Attorney General Eric T. Schneiderman announced that the AG’s office has reached a settlement with Safetech Products LLC regarding the company’s sale of insecure Bluetooth-enabled wireless doors and padlocks. This “marks the first time an Attorneys General’s Office has taken legal action against a wireless security company for failing to protect their [customers’] personal and private information.” … Continue Reading
On May 12, 2017, a massive ransomware attack, known as “WannaCry,” began affecting tens of thousands of computer systems in over 100 countries. These types of incidents can have significant legal implications for affected entities and industries for whom data access and continuity is critical. As affected entities work to understand and respond to the threat of ransomware, we address some of the key legal considerations.… Continue Reading
On April 6, 2017, New York Attorney General Eric T. Schneiderman announced that privacy compliance company TRUSTe, Inc., agreed to settle allegations that it failed to properly verify that customer websites aimed at children did not run third-party software to track users. According to Attorney General Schneiderman, the enforcement action taken by the NY AG is the first to target a privacy compliance company over children’s privacy.… Continue Reading
On April 4, 2017, the Massachusetts Attorney General’s office announced a settlement with Copley Advertising LLC in a case involving geofencing. … Continue Reading
Recently, Virginia passed an amendment to its data breach notification law that adds state income tax information to the types of data that require notification to the Virginia Office of the Attorney General in the event of unauthorized access and acquisition of such data.… Continue Reading
On March 17, 2017, the Federal Trade Commission announced that Upromise, Inc., agreed to pay 500,000 dollars to settle allegations that it violated the terms of a 2012 consent order that required Upromise to provide notice to consumers regarding its data collection and use practices, and obtain third-party audits.… Continue Reading
On March 1, 2017, the Federal Communications Commission, under the new leadership of Chairman Ajit Pai, voted 2-1 to issue a temporary stay of the data security obligations of the FCC’s Broadband Consumer Privacy Rules, which were to go into effect March 2, 2017. The temporary stay will remain in place until the FCC is able to act on pending petitions for reconsideration. … Continue Reading
On February 22, 2017, the Federal Trade Commission announced that it had reached settlement agreements with three U.S. companies charged with deceiving consumers about their participation in the Asia-Pacific Economic Cooperation Cross-Border Privacy Rules system.… Continue Reading
On February 17, 2017, Horizon Blue Cross Blue Shield of New Jersey agreed to pay 1.1 million dollars as part of a settlement with the New Jersey Division of Consumer Affairs regarding allegations that Horizon did not adequately protect the privacy of nearly 690,000 policyholders. … Continue Reading
On February 6, 2017, the FTC announced that it has agreed to settle charges that VIZIO, Inc., installed software on about 11 million consumer televisions to collect viewing data without consumers’ knowledge or consent. The stipulated federal court order requires VIZIO to pay 2.2 million dollars to the FTC and New Jersey Division of Consumer Affairs. … Continue Reading
On February 1, 2017, the U.S. Department of Health and Human Services’ Office for Civil Rights announced a 3.2 million dollar civil monetary penalty against Children’s Medical Center of Dallas for alleged ongoing violations of the HIPAA Privacy and Security Rules, following two consecutive breaches of patient ePHI.… Continue Reading
On January 23, 2017, the FTC released a Staff Report on cross-device tracking technology that can link multiple Internet-connected devices to the same person and track that person’s activity across those devices. The Report follows a November 2015 workshop on the same subject and is based on information and comments gathered during that workshop.… Continue Reading
The Financial Industry Regulatory Authority recently announced that it had fined 12 financial institutions a total of 14.4 million dollars for improper storage of electronic broker-dealer and customer records. … Continue Reading
On December 20, 2016, the FTC announced that it has agreed to settle charges that Turn Inc., a company that enables commercial brands and ad agencies to target digital advertising to consumers, tracked consumers online even after consumers took steps to opt out of tracking. … Continue Reading
On December 14, 2016, the FTC announced that the operators of the AshleyMadison.com website have settled with the FTC and a coalition of state regulators over charges that the companies deceived consumers and failed to protect users’ personal information.… Continue Reading
On December 1, 2016, the nonpartisan Commission on Enhancing Cybersecurity issued its Report on Securing and Growing the Digital Economy, which includes recommended actions that the government and private sector can take over the next 10 years to improve cybersecurity. … Continue Reading
