Tag Archives: Consumer Protection

Ad Network to Pay Nearly 1 Million in Civil Penalties to Settle FTC Charges That It Geo-Tracked Consumers Without Permission

On June 22, 2016, the Federal Trade Commission announced that it reached a settlement with a mobile advertising company, InMobi, to resolve charges that the company deceptively tracked hundreds of millions of consumers’ locations without their knowledge or consent. Among other requirements, the settlement orders the company to pay 950,000 dollars in civil penalties. … Continue Reading

The New Wave of Consumer Class Actions Targeting Retailers: What is the TCCWNA?

TCCWNA. The very acronym evokes head scratches and sighs of angst and frustration among many in the retail industry. The New Jersey Truth-in-Consumer Contract Warranty and Notice Act was passed in 1981 to protect consumers from allegedly deceptive practices in consumer contracts, warranties, notices and signs. Continue reading for an in-depth view of the TCCWNA and what retailers can do to minimize risk. … Continue Reading

New Do-Not-Call List Launched in France

On June 1, 2016, a new do-not-call list was implemented in France. French residents who do not wish to receive marketing phone calls may register their landline or mobile phone number online at www.bloctel.gouv.fr.… Continue Reading

Will Spokeo Undermine CAFA?

As we previously reported, the Supreme Court’s decision in Spokeo v. Robins, has been nearly universally lauded by defense counsel as a new bulwark against class actions alleging technical violations of federal statutes. But Spokeo also poses a significant threat to defendants by defeating their ability to remove exactly the types of cases that defendants most want in federal court.… Continue Reading

FTC Orders Mobile Device Manufacturers to Provide Information about Security Updates for Study

On May 9, 2016, the Federal Trade Commission announced it had issued Orders to File a Special Report to eight mobile device manufacturers requiring them to, for purposes of the FTC's ongoing study of the mobile ecosystem, provide the FTC with "information about how [the companies] issue security updates to address vulnerabilities in smartphones, tablets, and other mobile devices."… Continue Reading

FTC Announces First APEC Cross-Border Privacy Rules Enforcement Action

On May 4, 2016, the Federal Trade Commission issued a press release announcing its recent settlement with hand-held vaporizers manufacturer Very Incognito Technologies, stemming from charges that the company falsely claimed it had certified under the Asia-Pacific Economic Cooperation Cross-Border Privacy Rules framework.… Continue Reading

Simulated Attack on Power Grid Highlights Need for Improved Communications

In its third simulated test of the security of the power grid, the North American Reliability Corporation (“NERC”) reported general progress across the electric utility industry in defending against physical and cyber threats, while also identifying several areas for further improvement. The NERC exercise, dubbed GridEx III, took place over two days in November 2015 … Continue Reading

NERC Report Highlights Lessons Learned from Ukraine Electric Utility Cyber Attack

On March 18, 2016, a report was released by a joint team from the North American Electric Reliability Corporation’s Electricity Information Sharing Analysis Center and SANS Industrial Control Systems. According to the report, the cyber attack against a Ukrainian electric utility in December 2015 was based on months of undetected reconnaissance that gave the attackers a sophisticated understanding of the utility’s supervisory control and data acquisition networks. … Continue Reading

Consumer Financial Protection Bureau Imposes First Ever Data Security Fine

On February 27, 2016, the Consumer Financial Protection Bureau reached a settlement with Dwolla, Inc., an online payment system company, to resolve claims that the company made false representations regarding its data security practices in violation of the Consumer Financial Protection Act. Among other things, the consent order imposes a 100,000 dollar fine on Dwolla. This marks the first data security-related fine imposed by the CFPB. … Continue Reading

FTC Settles with Router Manufacturer over Software Security Flaws

On February 23, 2016, the Federal Trade Commission announced that it reached a settlement with Taiwanese-based hardware manufacturer ASUSTeK Computer, Inc. to resolve claims that the company engaged in unfair and deceptive security practices in connection with developing network routers and cloud storage products sold to consumers in the U.S.… Continue Reading

California Attorney General Releases Report Defining “Reasonable” Data Security

On February 16, 2016, California Attorney General Kamala D. Harris released the California Data Breach Report 2012-2015 which, among other things, provides (1) an overview of businesses’ responsibilities regarding protecting personal information and reporting data breaches and (2) a series of recommendations for businesses and state policy makers to follow to help safeguard personal information. … Continue Reading

China Enacts Administrative Measures for Online Payment Businesses

Recently, the People's Bank of China published Administrative Measures for Online Payment Business of Non-bank Payment Institutions. These measures were enacted to provide further details on the regulation of the online payment business in supplement to earlier measures published on June 14, 2010.… Continue Reading

FTC Issues Guidance on Native Advertising: Businesses Must Consider the Likelihood of Consumer Confusion

The Federal Trade Commission issued enforcement guidance on “native advertising” — ads that purposely are formatted to appear as noncommercial and are integrated into surrounding editorial content. The agency’s guidance took two parts: an Enforcement Policy Statement on deceptively formatted ads, and a Guide for Business on native advertising. Importantly, the FTC notes that its policy statement does not apply just to advertisers but also applies to other parties that help create the content: ad agencies, ad networks and potentially, publishers.… Continue Reading

California Attorney General Announces $25 Million Settlement with Comcast

On December 15, 2015, the California Attorney General announced an approximately 25 million dollar settlement with Comcast Cable Communications, LLC stemming from allegations that Comcast disposed of electronic equipment (1) without properly deleting customer information from the equipment and (2) in landfills that are not authorized to accept electronic equipment.… Continue Reading
LexBlog