While many today returned to work after the Holiday season, things remained quieter than usual here in the nation’s capital – with many federal workers furloughed until further notice as the federal government continues to be in a partial shutdown.  President Trump is reportedly meeting with congressional leaders today ahead of Thursday’s start to a

California Attorney General Xavier Becerra announced yesterday that the California Department of Justice will hold a series of six public forums on the California Consumer Privacy Act (CCPA).  The hearings will take place during January and February of this year and will give the public an initial opportunity to comment on the requirements set forth

The Senate today confirmed Kathleen Kraninger as CFPB Director by a party-line, 50-49 vote, with Sen. Tillis abstaining.  Kraninger will replace current Acting Director Mick Mulvaney, who also currently oversees Kraninger at the Office of Management Budget (OMB) where she is associate director of general government and Mulvaney is Director. Kraninger is expected to continue

Yesterday, Christine Wilson was sworn in as FTC Commissioner. Commissioner Wilson – the fifth and final Trump appointee – joins the FTC from Delta Airlines and assumes former Commissioner Maureen Ohlhausen’s seat. Commissioner Ohlhausen announced her departure on Tuesday – the day her term ended, concluding over six years of service as Commissioner, including a

In June of this year, California passed the California Consumer Privacy Act (CCPA) giving California residents specific rights related to their online privacy, similar to those proscribed by GDPR. The law was passed hastily to avoid a stricter ballot measure on the subject, but Governor Brown recently signed a bill amending the law.

Many

Yesterday, the California legislature passed SB-327, a bill intended to regulate the security of internet-connected devices.  Unlike the California Consumer Privacy Act (CCPA), SB-327 is significantly more narrow.  As enacted, the bill is a “lighter” version of what was first introduced and amended in 2017 (which, at that time, would have included certain

The FTC announced yesterday that it will accept comments and hold a series of public hearings on consumer protection, privacy, and competition policy and enforcement.  The hearings will take place during fall and winter of this year and will evaluate whether recent changes in the economy, technology, or international landscape require adjustments to how the Commission approaches consumer protection, privacy, and competition issues.

The hearings are modeled off of hearings held in 1995 under then-Chair Robert Pitofsky.  Those hearings took place amidst the early growth of the internet and e-commerce, featuring panels such as, “The Newest Medium for Marketing: Cyberspace,” “Privacy in Cyberspace,” and “The Changing Role of the Telephone in Marketing.”  The 1995 hearings featured panelists from large companies including Walt Disney, General Electric, and Coca-Cola, along with consumer group representatives, regulators, academics, and attorneys from private law firms.  The hearings culminated in a two volume report on the state of consumer protection and competition policy.

In announcing the 2018 hearings, FTC Chair Joe Simons noted that “the FTC has always been committed to self-examination and critical thinking, to ensure that our enforcement and policy efforts keep pace with changes in the economy.”  Simons served as Director of the Bureau of Competition immediately after Pitofsky’s tenure as Chair under then-Chair Tim Muris – and alluded to Pitofsky, Muris and former Chair Kovacic in his statement announcing the hearings.  Simons’ statement also expressed his view that “[t]his project reflects the spirit, style, and, most importantly, broad scope of that effort,” and characterized the efforts as an “all-agency” project that will entail significant efforts from the Bureaus of Consumer Protection, Competition, and Economics, the Office of the General Counsel, the Office of International Affairs, as well as the Office of Policy Planning.
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If you follow our blog, you know that we often write about issues involving the FTC and the CPSC, but we usually do not write about both in the same post. Now those worlds have collided. The staff of the FTC’s Bureau of Consumer Protection (“BCP”), a prominent voice in the Internet of Things dialogue,

Just when you think you’ve tackled the Wild, Wild West of GDPR and privacy compliance, California decides to mix it all up again.

This November 6th, California voters will decide on the California Consumer Privacy Act (“Act”), a statewide ballot proposition intended to give California consumers more “rights” with respect to personal information (“PII”) collected from or about them.  Much like CalOPPA, California’s Do-Not-Track and Shine the Light laws, the Act will have broader consequences for companies operating nationwide.

The Act provides certain consumer “rights” and requires companies to disclose the categories of PII collected, and identify with whom the PII is shared or sold. It also includes a right to prevent the sale of PII to third parties, and imposes requirements on businesses to safeguard PII.  If passed, the Act would take effect on November 7, 2018, but would apply to PII collected or sold by a business on or after nine (9) months from the effective date – i.e., on August 7, 2019.

Who is Covered?

The Act is intended to cover businesses that earn $50 million a year in revenue, or businesses that “sell” PII either by (1) selling 100,000 consumer’s records each year, or (2) deriving 50% of their annual revenue by selling PII. These categories of businesses must comply if they collect or sell Californians’ PII, regardless of whether they are located in California, a different state, or even a different country.
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Andrew Smith was recently named Director of the FTC’s Bureau of Consumer Protection. With a strong background in financial matters, businesses can expect Smith to focus on issues affecting consumer financial services.

Smith is not a stranger to federal positions. Although most recently a Partner in the Regulatory and Public Policy Group at Covington &