The European Union’s General Data Protection Regulation (GDPR) sets a high standard for consent. Consent means offering people genuine choice and control over how their data is used. The GDPR definition of consent is “any freely given, specific, informed and unambiguous indication of the data subject’s wishes by which he or she, by a statement … Read more
The Federal Trade Commission works with the U.S. Justice Department to enforce antitrust law and investigates companies accused of deceptive advertising. Four new commissioners have been sworn in at the FTC. This is the first time that the agency has had five commissioners since Josh Wright, a Republican, stepped down in mid-2015. Joining Maureen Ohlhausen … Read more
The Federal Trade Commission has announced that it has sent letters to two foreign companies that market electronic devices and apps that appear to collect geolocation data from children, warning that the companies may be in violation of the Children’s Online Privacy Protection Act (COPPA) Rule. The letters were sent to China-based Gator Group Co., Ltd., … Read more
The FTC has announced that Uber Technologies, Inc. has agreed to expand the proposed settlement it reached with the agency last year over charges that the ride-sharing company deceived consumers about its privacy and data security practices. After the announcement of last year’s proposed settlement, the FTC learned that Uber had failed to disclose a significant breach … Read more
On December 15, 2017, the FTC released a staff report that summarizes agency-commissioned research from 2014-2015. The research explores consumer recognition of paid search advertising and “native advertising” that resemble news, feature articles, product reviews, entertainment or other non-advertising online content. An advertisement is deceptive under Section 5 of the FTC Act if it materially misleads consumers … Read more
The Federal Trade Commission has approved a final consent order settling its first-ever case against individual social media influencers, the owners of the CSGO Lotto website. The FTC’s September 2017 complaint charged Trevor “TmarTn” Martin and Thomas “Syndicate” Cassell, two online influencers who are widely followed in the gaming community, with deceptively endorsing the online … Read more
Earlier this month, the U.S. Securities and Exchange Commission issued a statement on the potentially unlawful promotion of initial coin offerings and other investment by celebrities. Along with the Federal Trade Commission, the SEC’s Enforcement Division and Office of Compliance Inspections and Examinations are keenly aware that celebrities and others are using social media networks to encourage the … Read more
President Trump has chosen Joseph J. Simons, a renowned antitrust lawyer that has represented tech giants like Microsoft, to lead the Federal Trade Commission. Simons previously led the competition bureau of the FTC during the George W. Bush administration. Noah Phillips – chief counsel for Senator John Cornyn (R-TX) and Rohit Chopra – a fellow … Read more
The FTC has announced that the operators of two alleged tech support scams have agreed to settle agency charges that they deceived consumers into believing their computers were infected with viruses and malware, and then charged them hundreds of dollars for unnecessary repairs. As set forth in the complaints, the defendants allegedly contacted consumers through … Read more
The Federal Trade Commission is providing additional guidance on how the Children’s Online Privacy Protection Rule applies to the collection of audio voice recordings by organizations covered by the law, which requires certain operators of commercial websites or online services to obtain parental consent before collecting personal information from children under 13. The FTC updated … Read more
Earlier this week, a New York federal judge dismissed a highly-publicized Federal Trade Commission and New York Attorney General action against Quincy Bioscience, targeting claims regarding the jellyfish-protein supplement Prevagen. The issue in this matter was the clinical trial that Quincy conducted to substantiate the efficacy of the product. While the trial showed no difference … Read more
The United States Department of Justice has recently released the details surrounding the sentencing of an individual for his rule in processing unauthorized withdrawals of millions of dollars from consumer bank accounts. Neil Godfrey was sentenced to serve fifteen months in prison by Judge Eduardo Robreno in the Eastern District of Pennsylvania. Judge Robreno also … Read more