Dana B. Rosenfeld

Dana B. Rosenfeld

Dana Rosenfeld is a partner in the Advertising and Marketing and Food and Drug Law practices at Kelley Drye & Warren LLP.

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FTC Chairwoman Ramirez Announces Resignation Effective February 10

Federal Trade Commission Chairwoman Edith Ramirez announced today that she will resign her position effective February 10, leaving the Commission with three vacancies and just two remaining commissioners.  Chairwoman Ramirez has been a commissioner since April 5, 2010 and became Chairwoman on March 4, 2013. In announcing her resignation, she remarked: “It has been the … Continue Reading

FTC Files Lawsuit Against Taiwanese Manufacturer for Alleged Lax Security in Wireless Routers and Cameras and Related Marketing Claims

The Federal Trade Commission has filed a lawsuit in federal court claiming that a networking equipment manufacturer engaged in unfair and deceptive acts, exposing thousands of consumers to the risk of cyberattack from vulnerable wireless routers and internet cameras. The complaint against Taiwan-based networking equipment manufacturer D-Link Corporation and its U.S. subsidiary D-Link Systems alleges … Continue Reading

One Less (Regulator) Affair for AshleyMadison.com: Site Operators Agree to Settle U.S. Charges Stemming from 2015 Breach

Remember the 2015 AshleyMadison.com data breach, where hackers gained access to the personal information of about 36 million users from over 46 countries, and threatened and carried through on their promise to release the information to the public? This highly publicized incident has resulted in a $1.6 million settlement between operators of the dating website … Continue Reading

Better Online Ticket Sales Act of 2016

On December 14, 2016, President Obama signed into law the Better Online Ticket Sales Act of 2016.  The BOTS Act prohibits circumventing a website’s security measures to acquire event tickets.  It also restricts the reselling of tickets when the seller knows or should have known they were acquired through circumvention.  Importantly, it empowers the Federal … Continue Reading

Do You Venmo? FTC Spotlight on Peer-to-Peer Payments and Crowdfunding

The FTC recently examined peer-to-peer (P2P) payment systems and crowdfunding in the second forum of its FinTech series.  P2P payment systems are online services that allow consumers to share money electronically.  These platforms enable the immediate transfer of money between consumers, typically for free or for a small fee.  In the panel discussion of P2P … Continue Reading

D.C. Circuit Rules that CFPB is Unconstitutionally Structured

Earlier today, the U.S. Court of Appeals for the D.C. Circuit issued a landmark decision against the CFPB, finding that the agency was unconstitutionally structured because it concentrates “enormous executive power in a single, unaccountable, unchecked Director.”  However, the court stopped short of ordering a shutdown of the Bureau and instead held that the President … Continue Reading

CFPB Issues Final Rule to Regulate Prepaid Products; Prepaid Providers Given One Year to Comply

Yesterday the CFPB released a final rule that will impose a variety of consumer protection requirements on prepaid products, such as requiring specified disclosures before product purchase and compelling financial institutions to limit consumer losses for lost or stolen cards.  The CFPB had previously released a proposed rule, which we discussed here, and the final … Continue Reading

Senate Commerce Committee Members Air Laundry List of Pressing Issues Including Privacy, Data Security, and FTC Enforcement

On September 27th, the Senate Committee on Commerce, Science, and Transportation held a general oversight hearing of the FTC, which covered a multitude of major policy issues and included testimony from Chairwoman Edith Ramirez, Commissioner Maureen Ohlhausen, and Commissioner Terrell McSweeny.  Chairman John Thune (R-SD) convened the hearing, joined by Senator Richard Blumenthal (D-CT) who … Continue Reading

CFPB Highlights Possible Approaches to Ramping up Regulation of Debt Collectors

The CFPB recently released an outline of proposals that it is currently considering to overhaul the debt collection market.  The proposals under consideration would significantly expand current regulations governing debt collection, including by requiring collectors to maintain specified information to substantiate a debt before contacting consumers, limiting the number of times that a collector can … Continue Reading

This Week in Privacy Shield Developments

It’s been another exciting week of developments for U.S. companies on the EU data transfer front. From the first company to indicate that it will certify under Privacy Shield, to the first European Data Protection Authority (DPA) to suggest that it would like to challenge the validity of the new framework, here are this week’s … Continue Reading

What You Need to Know About Privacy Shield: An Overview of the New Transatlantic Framework

On July 12, 2016, the European Commission (“Commission”) formally adopted and released the Privacy Shield Adequacy decision, which will allow certified U.S. companies to transfer EU personal data to the United States.  The EU-U.S. Privacy Shield (“Privacy Shield”) replaces the U.S.-EU Safe Harbor framework (“Safe Harbor”), which was invalidated in October 2015 by the European … Continue Reading

Despite Early Challenges, European Commission Adopts EU-U.S. Privacy Shield

After months of negotiations, today the College of Commissioners formally adopted the EU-U.S. Privacy Shield (“Privacy Shield”). This is an encouraging development for the more than 4,400 U.S. companies that had previously relied on the U.S.-EU Safe Harbor framework and sought legal certainty regarding data transfers in its wake. As we reported in a previous … Continue Reading

Going Geo-Loco: FTC Settles with Mobile Ad Network over Geolocation Collection

The FTC announced a settlement on Wednesday with mobile advertising company, InMobi Pte Ltd., concerning allegations that the company deceptively tracked the geolocation of hundreds of millions of unknowing consumers, including children, to serve them geo-targeted advertising.  As part of the settlement, InMobi will pay $950,000 in civil penalties relating to violations of the Children’s … Continue Reading

Webinar and Live Program: Designing Notice and Consent for the Internet of Things

On June 14, 2016 2-3pm (ET) please join the NAI, Kelley Drye and Federal Trade Commission Chief Technologist Lorrie Faith Cranor in exploring effective notice and consent options as industry moves toward data collection and use across the Internet of Things. Dr. Cranor will present a taxonomy of notice options based on her research, including … Continue Reading

Privacy Shield Setback? European Parliament Asks to Revisit Negotiations

The saga continues on the quest to improve the EU-U.S. Privacy Shield Agreement (“Privacy Shield”), the framework that, if enacted, would permit transatlantic data flows from the EU to the U.S. Yesterday, the European Parliament approved a resolution asking the European Commission (the “Commission”) to (1) clarify the legal status of “written assurances” provided by … Continue Reading

Privacy Shield Pierced? Article 29 Working Party Expresses Concern with Agreement

The Article 29 Working Party (The Working Party), which includes representative data protection authorities from each EU member country and the European Data Protection Supervisor, issued a 58-page opinion yesterday that flagged perceived shortcomings of the draft EU-U.S. Privacy Shield (Privacy Shield). Privacy Shield was slated to replace the now defunct Safe Harbor, and is the updated framework designed to permit organizations … Continue Reading

Privacy Shield: The New Transatlantic Agreement and How it May Impact Your Company

Last Tuesday, February 2, 2016, the European Commission announced that it approved the EU-U.S. Privacy Shield (“Privacy Shield”), an agreement with the U.S. Department of Commerce establishing a new framework for transatlantic data flows. Although the full text and details of Privacy Shield have not been released, the new framework is expected to replace the now … Continue Reading

Safe Harbor Update: The European Commission Issues Guidance on the Schrems Decision

This past Friday, the European Commission (“the Commission”) issued guidance addressing transatlantic data transfers after the European Court of Justice (“ECJ”) decision in the Schrems case. As we noted in an earlier post, the ECJ Schrems decision invalidated the U.S.-EU Safe Harbor framework, the mechanism that enabled self-certifying corporations to transfer personal data from EU … Continue Reading

FTC as Data Security Cop Affirmed

The U.S. Court of Appeals for the Third Circuit this week affirmed the authority of the Federal Trade Commission (“FTC” or “Commission”) to enforce against companies that lack reasonable cybersecurity practices.  Prior to this ruling, no federal court had adjudicated whether the FTC had authority under 15 U.S.C. § 45(a) (“Section 45(a)”) of the Federal … Continue Reading

FTC Settles with Retail Tracking Company that Made Privacy Policy Promises It Couldn’t Keep

Last week, the Federal Trade Commission announced its first settlement with a retail tracking company, resolving allegations that Nomi Technologies, Inc., a micro-location platform that provides analytics services to retailers through its product “Listen,” failed to abide by several promises it made in its privacy policy. Under the terms of the agreement, Nomi is prohibited … Continue Reading

Claiming Safe Harbor on Your Website? Recent FTC Enforcements Provide Some Lessons About Certification Lapses

The Federal Trade Commission (“FTC”) announced on Monday two more Safe Harbor-related settlements with two companies for misrepresenting their participation in the U.S.-EU Safe Harbor framework, which is subject to the FTC’s deception authority under Section 5 of the FTC Act.  The U.S.-EU Safe Harbor framework is a method whereby U.S. companies can comply with … Continue Reading

Obama Administration Receives Little Support for the Consumer Privacy Bill of Rights Act

Following up on his historic visit to the FTC in January during which President Obama laid out his privacy and data security agenda, the administration released a discussion draft of the Consumer Privacy Bill of Rights Act (the “Act”) on February 27, 2015. The Act lays out a number of privacy and security requirements for with … Continue Reading

NY AG Settlement with Three Largest National Credit Reporting Agencies Promises Critical Reform to Credit Reporting Industry

On March 9, 2015, New York Attorney General Eric Schneiderman announced its settlement with the nation’s three largest national credit reporting agencies (“CRAs”): Experian, Equifax, and TransUnion.  This announcement underscores the recent heightened state and federal regulatory scrutiny in this area, and likely is the first of a wave of broad consumer-facing reforms to the … Continue Reading

FTC Administrative Law Judge Rejects Commission’s Definition of “Biodegradable”

Decision Also Reiterates Appropriate Standards for Consumer Perception Surveys On February 6, 2015, Chief Administrative Law Judge D. Michael Chappell announced his decision (“Initial Decision”) in the case of FTC vs. ECM BioFilms.  The Initial Decision rejects the FTC’s position codified in the FTC’s Guides for the Use of Environmental Marketing Claims (“Green Guides”) that “[i]t is deceptive to … Continue Reading
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