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The FTC’s most recent COPPA enforcement action, announced on June 4 with app developer HyperBeard, provides evidence of an ongoing debate within the Commission about privacy harm and the role of monetary relief in the agency’s privacy enforcement program.  Specifically, Commissioner Noah Phillips voted against the settlement with app developer HyperBeard and two corporate officers,

Democrats Release Their Own COVID-19 Privacy LegislationFollowing the Republican-sponsored COVID-19 Consumer Data Protection Act of 2019, Democratic legislators recently introduced the Public Health Emergency Privacy Act. Senators Richard Blumenthal and Mark Warner of Connecticut and Virginia, respectively, and a group of Democratic Representatives, including Jan Schakowsky of Illinois and Anna Eshoo of California, introduced the measure.

While both measures

In light of concerns associated with attempts to use personal data to track the spread of COVID-19, a group of Republican Senators, led by Mississippi Senator Roger Wicker, introduced the COVID-19 Consumer Data Protection Act of 2020 today.

The bill imposes specific requirements on entities seeking to process precise geolocation data, proximity data, persistent

Ad Law Access PodcastOn the latest episode of the Ad Law Access Podcast, associates Carmen Hinebaugh and Lauren Myers make their podcast debut with a discussion on materiality and clear and conspicuous disclosures.

For additional information see our new Advertising and Privacy Law Resource Center (https://www.kelleydrye.com/Advertising-and-Privacy-Law-Resource-Center), an online hub for advertising, privacy, and consumer protection

FTC Commissioners Rebecca Kelly Slaughter and Christine S. Wilson recently sat down with Cameron Kerry at the Brookings Institution to discuss the FTC’s role in privacy. Although the Commissioners did not agree on everything, both identified the FTC as the best agency to enforce privacy wrongs. The Commissioners also shared their views on issues such

The National Advertising Review Board (“NARB”) recently upheld an NAD decision regarding Goya Foods, Inc.’s claim, “La Pasta Favorita de Puerto Rico” or “Puerto Rico’s Favorite Pasta,” finding that the claim was not puffery and that it required substantiation. As we summarized here, NAD previously determined that use of the term “favorite”

The FTC and the New York Attorney General recently announced a record-setting $170 million ($136 million to the FTC and $34 million to the NY AG) joint settlement with Google. The settlement resolves allegations that YouTube violated the Children’s Online Privacy Protection Act (“COPPA”) and is the largest penalty the FTC has ever received in

Effective January 1, 2020, New Hampshire’s new Insurance Data Security Law will impose certain information security requirements on entities that (1) are licensed under the state’s insurance laws and (2) handle “nonpublic information.” “Nonpublic information” is defined as information that is not publicly available and falls into one of the two following categories:

  1. Information that

Last year, we posted that Snapchat’s public relations firm had filed a lawsuit against an influencer who allegedly failed to comply with the terms of his agreement.

According to the agreement, Luka Sabbat was required to make four unique posts, get those posts approved beforehand, send analytics to the firm, and be Lukaphotographed wearing the