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The FTC announced today that it is seeking comments on a variety of issues related to the Children’s Online Privacy Protection (COPPA) Rule. Although only six years have passed since the FTC’s 2013 COPPA Rule update, the FTC is initiating an early review in response to new technologies and applicability to certain business sectors, including

New York’s efforts to pass the New York Privacy Act failed when the bill did not appear in the most recent legislative session. The bill, said to be “tougher,” “bolder,” and more “sweeping” than other privacy legislation, initially gained a number of Senate co-sponsors when Sen. Kevin Thomas introduced it, but no Assembly members signed

The FTC recently announced a $5.7 million settlement with app developer Musical.ly for COPPA violations associated with its app (now known as TikTok)—the agency’s largest-ever COPPA fine since the enactment of the statute. The agency charged the app company, which allows users to create and share videos of themselves lip-syncing to music, with unlawfully collecting

Last week, the California Assembly’s Standing Committee on Privacy and Consumer Protection held a hearing to discuss the California Consumer Privacy Act. While many panelists from the private sector pointed out problems with the law, a few panelists defended the law, and some suggested that it didn’t go far enough. For example, Stacey Schesser, the

As we noted previously, the California Attorney General is holding a series of public forums on the California Consumer Privacy Act (CCPA) to provide the public with an initial opportunity to comment on CCPA requirements and the corresponding regulations that the Attorney General must adopt on or before July 1, 2020.  On Friday, January 25, 2019, the Attorney General’s Office held its fourth of six hearings before a full auditorium in Los Angeles.  This blog post summarizes the main themes discussed at the hearing.

Timing/Scope:  For businesses hoping for CCPA clarity and guidance soon, that seems unlikely. California Deputy Attorney General Lisa Kim initiated the hearing, emphasizing that the Attorney General’s Office was in the beginning of its rulemaking process and noting that she anticipated the formal review process not to start until Fall 2019.  For now, the Attorney General’s Office encouraged interested parties to submit comments by the end of February, focusing on subjects within the scope of the Attorney General’s rulemaking responsibilities, as set forth in the CCPA, including:

  • Categories of Personal Information
  • Definition of Unique Identifiers
  • CCPA Exemptions
  • Submitting and Complying with Consumer Requests
  • Uniform Opt-Out Logo/Button
  • Notices and Information to Consumers, including Financial Incentive Offerings
  • Certification of Consumers’ Requests

During the hearing, the Attorney General’s Office displayed this PowerPoint deck, summarizing the CCPA regulatory process.

Main Themes


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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

About a year ago, the SEC issued a warning to celebrities and social influencers who promoted Initial Coin Offerings (ICOs) on social media, noting that such promoters are subject to federal securities laws. Apparently, at least two celebrities weren’t paying attention because they recently settled the SEC’s first cases regarding promoting ICOs without proper disclosures.

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

The Northern District of California recently ruled on DIRECTV’s motion for judgment on partial findings in a case where the FTC is seeking $3.95 billion in damages. The FTC’s case alleges that DIRECTV engaged in misleading advertising over a span of more than a decade and across a variety of media channels ranging from television

The FTC recently finalized updates to its Guides for the Jewelry, Precious Metals, and Pewter Industries, which provide the FTC’s interpretation of the jewelry marketing rules found in 16 C.F.R. §23.  The FTC hosted a roundtable in 2013, which we wrote about here, and considered stakeholder comments prior to finalizing the new Guides.  The updated Guides address a number of topics, including the surface application of precious metals, below-threshold previous metal alloys, gemstone products, and “cultured” diamonds.

What’s Changed

Some highlights of the changes include advising that jewelry marketers may:

  • Qualify if a coated product only has a service layer of a precious metal;
  • Advertise a product’s precious metal coating to assure reasonable durability;
  • Disclose the purity of coatings made with precious metal alloys;
  • Qualify a product’s gold karat fineness or a parts per thousand (PPT) designation for silver products that have less than 925 PPT;
  • Use alternative words and phrases for man-made stones (where it shares the same properties as the named stone) if they clearly and conspicuously convey that the product is not a mined stone.


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