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This week, the Federal Trade Commission voted 3 to 1 to accept a settlement agreement with MoviePass, Inc., its parent company, and two of the now-defunct company’s former employees, after allegations of data security issues and deceptive trade practices.…
Continue Reading Now Playing at the FTC: MoviePass Data Security Case and ROSCA Settlement

On May 11, 2021, Senators Edward Markey (D-MA) and Bill Cassidy (R-LA) introduced the Children and Teens’ Online Privacy Protection Act. The Bill, which would amend the existing Children’s Online Privacy Protection Act, would prohibit companies from collecting personal information from children ages 13 to 15 without their consent.…
Continue Reading Senate Bill Would Expand Federal Children’s Privacy Protections

Building upon its April 2020 business guidance on Artificial Intelligence and Algorithms, the FTC has published new guidance focused on how businesses can promote truth, fairness and equity in their use of AI. In the guidance, the FTC recognizes the potential benefits of AI, but stresses the need to harness these benefits without inadvertently introducing bias or other unfair outcomes. …
Continue Reading FTC Reiterates AI Best Practices

As reported on Hunton’s Retail Law Blog, on April 22, 2021, the U.S. Supreme Court unanimously held in a highly-anticipated case, AMG Capital Management, LLC v. FTC, that the Federal Trade Commission cannot seek or obtain equitable monetary relief pursuant to §13(b) of the FTC Act, putting an end to the use of §13(b) as a significant enforcement tool.…
Continue Reading Supreme Court Rules FTC Cannot Rely on “Injunction” Provision to Obtain Equitable Monetary Relief

The Federal Trade Commission announced that it will hold a workshop on digital dark patterns on April 29, 2021. The workshop will aim to understand the ways in which user interfaces can have the effect, intentionally or unintentionally, of obscuring, subverting or impairing consumer autonomy, decision-making or choice. …
Continue Reading FTC to Host Digital Dark Patterns Workshop in April

On January 13, 2021, the FTC announced that fertility-app developer Flo Health, Inc. (“Flo”) agreed to a settlement over allegations that the company shared app users’ health information with third-party data analytics providers despite representations that Flo would keep such information private.…
Continue Reading FTC Settles with Fertility-Tracking App Developer Regarding Health Data Disclosures

As reported on the Hunton Retail Law Resource blog, the Federal Trade Commission settled charges with mobile advertising company Tapjoy, Inc., on allegations that the company failed to provide promised rewards in exchange for completed activities such as the payment of money, disclosure of sometimes-sensitive personal information or registration for “free trial” marketing offers.…
Continue Reading FTC Pursues Advertising Network that Failed to Deliver In-Game Rewards in Exchange for Payment or Personal Information

On January 11, 2021, the FTC announced that Everalbum, Inc. (“Everalbum”), developer of the “Ever” photo storage app, agreed to a settlement over allegations that the company deceived consumers about its use of facial recognition technology and its retention of the uploaded photos and videos of users who deactivated their accounts.…
Continue Reading FTC Announces Proposed Settlement with App Developer over Alleged Deceptive Practices