Please join us for a webinar on February 24, 2022 at 4 p.m. on recent and upcoming FTC developments. The webinar will feature Kelley Drye’s Jessica Rich and Aaron Burstein, both former FTC officials, and will be moderated by the newest addition to our privacy team, Jayson Lewis. Here’s a taste of what we’ll be discussing, building on the commentary we have posted in this blog over the past few months:
All eyes are on the FTC this year, given its recent actions, setbacks, and ambitious plans for 2022.
As we’ve reported here, Chair Lina Khan has announced an aggressive privacy agenda, that includes new regulations; emphasis on the large platforms and other “gatekeepers” in the marketplace; stringent enforcement remedies (such as data deletion, bans on conduct, strict consent requirements, and individual liability); and significant monetary relief based on a range of creative theories.
Khan has already taken steps in this direction, including by issuing a policy statement and guidance reinterpreting the Health Breach Notification Rule; announcing a ramp-up against subscription services that use “dark patterns” to trick consumers into signing up; tightening requirements under the Gramm-Leach Bliley Safeguards Rule; and making strong demands in consent negotiations. In addition, she has announced plans to initiate privacy rulemakings under the FTC’s so-called “Magnuson-Moss” authority, including a rulemaking to limit “surveillance” in the commercial marketplace.
All of this takes place against the backdrop of recent setbacks and ongoing challenges faced by the agency. Last year, the Supreme Court’s ruled in AMG that the FTC cannot obtain monetary relief under Section 13(b) of the FTC Act, it’s chief law enforcement tool. For years, Congress has declined to pass a federal privacy law to strengthen the FTC’s authority in this area. The FTC has limited resources to fulfill its broad mission. And it cannot obtain civil penalties for most first-time law violations.
We will dive into these issues and more in our upcoming webinar, focusing on the practical impact for companies subject to FTC’s jurisdiction. Please join us on Thursday, February 24 at 4:00 pm EST for this second installment of Kelley Drye’s 2022 practical privacy series. Register here.