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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

The Federal Trade Commission issued a call for presentations on consumer privacy and data security research for its sixth annual PrivacyCon, which is to be held on July 27, 2021. The call for presentations asks for empirical research and demonstrations, including economic analyses, with implications for privacy and data security policy and law.…
Continue Reading FTC Issues Call for Presentations for PrivacyCon 2021

On December 15, 2020, the Federal Trade Commission announced a proposed settlement with Ascension Data & Analytics, LLC, a Texas-based mortgage industry data analytics company, to resolve allegations that the company failed to ensure one of its vendors was adequately securing personal information of mortgage holders.…
Continue Reading FTC Announces Enforcement for Inadequate Third-Party Risk Management Practices Under the GLBA’s Safeguards Rule

On December 14, 2020, the Federal Trade Commission announced that it had issued orders to nine social media and video streaming companies, requesting information on how the companies collect, use and present personal information, their advertising and user engagement practices and how their practices affect children and teens.…
Continue Reading FTC Issues Orders to Nine Social Media and Video Streaming Service Companies Regarding Privacy Practices

On November 27, 2020, New Mexico Attorney General Hector Balderas filed a notice of appeal to the U.S. Court of Appeals for the Tenth Circuit in the lawsuit it brought against Google on February 20, 2020, regarding alleged violations of the federal Children’s Online Privacy Protection Act in connection with G-Suite for Education. …
Continue Reading New Mexico AG Files Notice of Appeal in Suit Against Google Regarding Alleged Violations of COPPA