On May 19, 2022, the Federal Trade Commission will hold a virtual open meeting. The meeting’s tentative agenda includes a vote by the FTC on a policy statement prioritizing the enforcement of the Children’s Online Privacy Protection Act as it applies to the use of education technology.
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Federal Trade Commission
FTC Publishes Notices Proposing Updates to Telemarketing Sale Rules
On April 28, 2022, the FTC published a Notice of Proposed Rulemaking and an Advance Notice of Proposed Rulemaking, proposing several updates to the Telemarketing Sale Rules. …
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FTC Chair Speaks at IAPP Global Privacy Summit
On April 11, 2022, FTC Chair Lina Khan spoke at the opening of the International Association of Privacy Professionals’ Global Privacy Summit on the FTC’s approach to adapting its existing authority to address and rectify unlawful data practices. …
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FTC Announces Proposed Settlement with CafePress over Alleged Data Breach Cover Up
On March 15, 2022, the FTC announced a proposed settlement with custom merchandise platform CafePress in connection with the company’s alleged failure to implement reasonable security measures, and its alleged attempt to cover up a 2019 data breach. …
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President Biden Issues Executive Order on Digital Assets
On March 9, 2022, the Biden Administration released its much-anticipated “Executive Order on Ensuring Responsible Development of Digital Assets”. …
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FTC Settles Children’s Privacy Case with WW (formerly Weight Watchers)
The Federal Trade Commission has reached a settlement with WW International, Inc. and Kurbo, Inc. over allegations the companies improperly registered children for the “Kurbo by WW” online weight loss management program. In pleadings filed on February 16, 2022, in federal court in the Northern District of California, the FTC claims WW and Kurbo offered…
Telecommunications Companies Forced to Turn Over Documents in Response to FTC CID
On February 14, 2022 the FTC announced that, at the agency’s request, federal courts in California ordered two Voice over Internet Protocol service providers to produce information as part of ongoing investigations by the FTC into telemarketing calls and robocalls made in violation of the Telemarketing Sales Rule. …
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FTC Puts Companies on Notice that Failure to Identify and Patch Instances of Log4j May Violate FTC Act
On January 4, 2022, the Federal Trade Commission published a blog post reminding companies that “the duty to take reasonable steps to mitigate known software vulnerabilities implicates laws including, among others, the Federal Trade Commission Act and the Gramm Leach Bliley Act,” in response to Log4Shell’s public disclosure of the Log4j vulnerability.
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Fitness App Agrees to Pay $56 Million to Settle Class Action Alleging Dark Pattern Practices
On February 14, 2022, Noom Inc., a popular weight loss and fitness app, agreed to pay $56 million, and provide an additional $6 million in subscription credits to settle a putative class action in New York federal court.
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Attorneys General to Increase Enforcement Efforts on “Dark Patterns”
On January 24, 2022, a group of state attorneys general announced their commitment to ramp up enforcement work on “dark patterns” that are used to ascertain consumers’ location data.
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