In the matter of LabMD Inc. v. Federal Trade Commission, case number 16-16270, the U.S. Court of Appeals for the Eleventh Circuit ruled against the FTC, finding that the order against LabMD for lax data security measures was … Continue Reading
On February 28, 2018, the Federal Trade Commission (FTC) hosted its third Privacy Con conference in Washington D.C., an event that highlights research and facilitates discussion of the latest research and trends related to consumer privacy and data security. The … Continue Reading
On January 8, 2018, the FTC announced that VTech, maker of electronic toys for children, agreed to settle charges that it violated the law by collecting personal information without parental consent.
When Congress enacted the Children’s Online Privacy Protection Act … Continue Reading
Drug adherence programs have significantly evolved over the last few years with drug companies, health plans, and providers taking steps to monitor patient medication compliance. Drug adherence is the degree to which a patient complies with medication administration advice for … Continue Reading
Earlier this year, the Northern District of Illinois declined to certify a Telephone Consumer Protection Act (TCPA) class action even though the key issue in the case – whether class members had provided prior express written consent to receive prerecorded … Continue Reading
Rapidly changing and complex technology, the rise of “Big Data” and an increasing focus on digital advertising has made advertising legal compliance an increasingly complex area for companies. In-house attorneys and their outside counsel must wrestle with understanding the legal … Continue Reading
On October 18, 2017, the Consumer Financial Protection Bureau (CFPB) issued a set of Consumer Protection Principles regarding the sharing and aggregation of consumers’ financial data. The timing of the announcement in light of last month’s disclosure of the Equifax … Continue Reading
On September 15, 2017, the Trump White House released a Press Release regarding the EU-U.S. Privacy Shield—reiterating that they “firmly believe that the upcoming review [of the EU-U.S. Privacy Shield] will demonstrate the strength of the American promise to protect … Continue Reading
The FTC has updated its Children’s Online Privacy Protection Rule (COPPA) Six-Step Compliance Plan for Your Business “to reflect developments in the marketplace” – including the introduction of internet-connected toys and the Internet of Things.
COPPA applies to operators of … Continue Reading
On April 3, 2017, President Trump signed a repeal of new Federal Communications Commission (FCC) rules that would have subjected broadband internet service providers (ISPs) to more stringent consumer privacy regulations. Specifically, the FCC’s rule would have required ISPs to … Continue Reading
On January 23, 2017, the FTC released a new report outlining its recommendations for companies using cross-device tracking. The report focused on the FTC’s continued commitment to consumer choice, transparency, and security.
What is cross-device tracking?
Cross-device tracking occurs when … Continue Reading
Yesterday afternoon Yahoo Inc. (Yahoo) announced that user information was stolen from more than one billion accounts in August 2013. Yahoo said that the stolen information includes, “names, email addresses, telephone numbers, dates of birth, hashed passwords (using MD5) and, … Continue Reading
State attorneys general play an active role in data privacy and security matters. Their involvement is increasing as they grapple with changing technologies and threats, rapidly evolving state laws and their relatively broad consumer protection authority to engage private sector … Continue Reading
As the healthcare industry continues to embrace the Internet of Things, cybersecurity may present unprecedented health and privacy risks to patients. Wireless-enabled medical devices are increasingly common. For some patients, this means that their hearts are, quite literally, connected … Continue Reading
In another twist in the LabMD case, LabMD has succeeded in obtaining a delay on the FTC’s enforcement action during its appeal. Of course, the substantive issues remain to be determined.
In 2013, the Federal Trade Commission (FTC) issued … Continue Reading
This morning the FCC voted along party lines to adopt rules subjecting broadband internet service providers (ISPs) to new consumer privacy regulations. According to the FCC’s press release, the rules give “customers the tools they need to make informed decisions … Continue Reading
Yesterday the Federal Communications Commission (FCC) revealed its revamped broadband privacy regulations. In March, the FCC initially proposed privacy rules which were highly criticized by everyone from the Federal Trade Commission (FTC) to small business owners. The new rules … Continue Reading
As anticipated, things are getting even more exciting with the case previously covered in Password Protected. Specifically, LabMD is appealing the landmark data security case between it and the Federal Trade Commission (“FTC”) that examines an alleged data breach, … Continue Reading
While much of Washington, D.C. is enjoying the slow and hazy days of summer, the Federal Trade Commission (FTC) is staying busy solidifying its presence as the go-to authority for data security. Most recently, on July 29, 2016, the FTC … Continue Reading
LifeLock, Inc. made headlines in December 2015 when it finalized a $100 million settlement with the Federal Trade Commission—the largest monetary award ever in an FTC order enforcement action. As reported by McGuireWoods’ Password Protected blog, the 2015 enforcement action … Continue Reading
Since its release on July 6, 2016, Pokémon Go has unofficially become the most successful mobile app to date. Generating over 2 million dollars in revenue per day, it already has more daily users than Twitter, and the highest average … Continue Reading
Last week, social media giant Facebook announced an expansion of its online advertising business to include serving ads to users who are not members of Facebook. Under a press posting titled “Bringing People Better Ads,” Facebook decried ads that are … Continue Reading
The Federal Communications Commission (FCC) has faced intense opposition to its proposed privacy rules for internet service providers (ISPs) – and debate is expected to escalate very soon. The U.S. Senate Committee on the Judiciary begins its review of the … Continue Reading
Consider this: A 42-year-old man arrives at the emergency room showing signs of a heart attack. The ER doctors, using the patient’s activity tracker—in this case, a Fitbit® —are able to pinpoint when the patient’s normal heartrate of 70 bpm … Continue Reading