Tag Archives: FTC

Support for FTC Jurisdiction Over Broadband: Ninth Circuit En Banc Rules Common Carrier Exemption is “Activity,” and not “Status-based,” Reversing Earlier AT&T Victory

By Steve Augustino, John J. Heitmann and Jameson Dempsey on Posted in Federal & State Regulatory, Privacy and Information Security
The Republican-led FCC’s effort to get out of the business of regulating broadband providers’ consumer practices took a step forward on Monday.  In an appeal that has been proceeding in parallel with the FCC’s “Restoring Internet Freedom” reclassification proceeding, the U.S. Court of Appeals for the Ninth Circuit issued an opinion giving the Federal Trade … Continue Reading

2017 Recap

By Kelley Drye on Posted in ADA, Advertising, Advertising Litigation, Class Actions, Consumer Product Safety, Consumer Protection, Federal Trade Commission, Kelley Drye, NAD, Native Advertising, Privacy and Information Security, Promotions, Regulatory Developments, Social Media, State Attorneys General
Most Popular Ad Law Access Posts of 2017 As reported in our Ad Law News and Views newsletter, Kelley Drye’s Advertising Law practice posted 106 updates on consumer protection trends, issues, and developments to this blog in 2017. Here are some of the most popular: New Lawsuit Highlights Risks of Using User-Generated Content FTC Announces $1.3 … Continue Reading

On the Eve of the FCC’s Reclassification of Broadband Services, the FCC and FTC Release Memorandum of Understanding for Oversight of Broadband

By Steve Augustino and Jennifer Wainwright on Posted in Federal Communications Commission, Federal Trade Commission, Uncategorized
On December 11, 2017, the Federal Communications Commission (FCC) and Federal Trade Commission (FTC) released a draft Memorandum of Understanding (MOU) which will allocate oversight and enforcement authority related to broadband Internet access service (BIAS) between the two agencies.  The new MOU was announced three days before the FCC’s scheduled vote to reclassify BIAS as … Continue Reading

FTC Issues Enforcement Policy on Collection and Use of Voice Recordings of Children Under COPPA

By Dana B. Rosenfeld on Posted in Federal Trade Commission
On Monday, the FTC issued an Enforcement Policy Statement stating that the Commission will not take action against operators that collect an audio file of a child’s voice as a replacement for written words, such as for translation into text, without first obtaining parental consent, provided the file is retained only for the brief time … Continue Reading

Summer Road Trippin’: The FTC and NHTSA Workshop on Connected Cars

By Kristi Wolff on Posted in Federal Trade Commission, Internet of Things, National Highway Traffic Safety Administration, Privacy and Information Security
On June 28, the FTC and National Highway Traffic Safety Administration (NHTSA) brought together a variety of stakeholders including regulators, automakers, software companies, and consumer groups to discuss connected cars, including current innovations and challenges in the field of data privacy. Acting FTC Chairwoman Maureen Ohlhausen opened the day by asserting that regulators will need … Continue Reading

Rules Are Made to Be ….Reformed: FTC Announces Regulatory Reform Measures

By Kristi Wolff on Posted in Federal Trade Commission, Regulatory Developments
As part of the FTC’s ongoing review of the needs, costs, and benefits of regulations, the agency recently announced it is reviewing the following rules: The Picture Tube Rule requires manufacturers to base screen size measurements on the horizontal measure of the viewable area, unless the alternative method of measurement is clearly disclosed. This rule … Continue Reading

Judge Upholds FTC Staff Opinion that Avatar Calls are Prerecorded Messages under TSR

By Alysa Zeltzer Hutnik and Crystal N. Skelton on Posted in Advertising, Advertising Litigation, Federal Trade Commission, Telemarketing and Call Center Operations
Yesterday, a D.C. district court upheld a recent opinion letter issued by FTC staff that extended robocalling restrictions to telemarketing calls that use so-called soundboard technology or “avatars.”  This technology generally allows a live agent to communicate with a call recipient by playing recorded audio snippets instead of using his or her own live voice. … Continue Reading

California Last State to Join Multistate Settlement of Western Union Fraud Schemes

By Crystal N. Skelton on Posted in Class Actions, Enforcement, Federal & State Regulatory, State Attorneys General
Last week, California became the 50th state to join the multistate settlement with Western Union over its alleged complicity in fraud-induced wire transfers.  This followed Western Union’s $5 million agreement with 49 state and the District of Columbia for costs and fees in January, not to mention a whopping $586 million in settlement agreements with the … Continue Reading

FTC Highlights Deep-Sixing of FCC Privacy Rules in Bid for 9th Circuit Rehearing

By Alysa Zeltzer Hutnik and Spencer Elg on Posted in Federal Trade Commission, Privacy and Information Security
In support of its request for an en banc rehearing of a Ninth Circuit Court of Appeals panel decision in FTC v. AT&T over the jurisdictional boundaries between the Federal Trade Commission’s (FTC) and Federal Communications Commission’s (FCC) authority over phone companies, broadband providers, and other common carriers, the FTC sent a letter to the Court … Continue Reading

Smart TV Manufacturer “Smarting” after $2.2 Million Privacy Enforcement

By Dana B. Rosenfeld and Alysa Zeltzer Hutnik on Posted in Consumer Protection, Enforcement, Federal Trade Commission, Privacy and Information Security
This week, the FTC announced a settlement with VIZIO, Inc., one of the world’s largest manufacturers of “smart” TVs.  The settlement, also with the Office of the New Jersey Attorney General, arises from claims by regulators that VIZIO installed software that collected viewing data for 11 million consumer TVs without consent.  The $2.2 million settlement … Continue Reading

New FTC Acting Chair Maureen Ohlhausen Offers Insight into Consumer Protection Priorities

By Spencer Elg, Christie Grymes Thompson, William C. MacLeod, Donnelly L. McDowell and Dana B. Rosenfeld on Posted in Antitrust, Consumer Protection, Enforcement, Federal Trade Commission, Privacy and Information Security
Just over one week after being named acting chair of the Federal Trade Commission (FTC), Maureen Ohlhausen delivered the keynote address at the American Bar Association’s biennial Consumer Protection Conference in Atlanta on February 2. During her remarks, acting chair Ohlhausen offered insight into consumer protection priorities during her tenure as acting chair. First, acting … Continue Reading

FTC Cries Foul On Breathometer Accuracy Claims

By Kristi Wolff on Posted in Advertising, Federal Trade Commission, Food and Drug
The FTC recently announced a settlement with Breathometer, Inc., a company that marketed a smartphone accessory that it claimed could detect blood alcohol levels.  Users could simply plug the accessory into the headphone jack, open the Breathometer app, blow, and receive a reading of their blood alcohol content within five seconds.  Breathometer marketed the products … Continue Reading

FTC Staff Report Details Best Practices for Cross-Device Tracking

By Crystal N. Skelton and Dana B. Rosenfeld on Posted in Advertising, Federal Trade Commission, Privacy and Information Security
The ubiquitous use of multiple devices by consumers has created new opportunities for mobile apps, platforms, providers, and publishers alike to capture more, and more accurate, consumer data.  This practice – known as cross-device tracking – serves many purposes but is particularly valuable to advertisers. On January 23, 2017, FTC staff released a report entitled … Continue Reading

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

By Dana B. Rosenfeld and Alysa Zeltzer Hutnik on Posted in Federal Trade Commission, Privacy and Information Security
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

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

By Sharon Kim Schiavetti and Dana B. Rosenfeld on Posted in Consumer Financial Protection, Federal Trade Commission
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

FTC Associate Director for Advertising Practices Elucidates the Commission’s Handling of Referrals From NAD

By John E. Villafranco and Jennifer Fried on Posted in Advertising, Federal Trade Commission, NAD, Regulatory Developments
The advertising industry’s self-regulatory system may be “voluntary,” but ignoring NAD’s recommendations—or declining to participate when asked—buys advertisers a prompt referral to the Federal Trade Commission. NAD often touts its close working relationship with the FTC. But what becomes of these referrals from the self-regulatory system? At NAD’s annual conference last month, Mary Engle, the … Continue Reading

Caution with Hyperlinks and Info-Hovers: Court Denies DIRECTV’S Motion for Partial Summary Judgment

By Alysa Zeltzer Hutnik and Spencer Elg on Posted in Advertising, Advertising Litigation, Agreements, Federal Trade Commission
Are hyperlinked and hovering disclosures enough to adequately inform consumers about the terms of your offer? Is requiring consumers to click on a button to accept all terms and conditions enough to obtain their informed consent to each of your terms and conditions? A recent federal court decision demonstrates that the answers to those questions … Continue Reading

Health Claim Substantiation Has Not Gone to the Dogs

By Crystal N. Skelton and Kristi Wolff on Posted in Advertising, Federal Trade Commission
The FTC announced a settlement with Mars Petcare U.S. concerning allegations that the company did not have proper substantiation to support quantified health benefit claims for its Eukanuba brand dog food. The FTC’s complaint alleges that a 2015 ad campaign for Eukanuba expressly or impliedly claimed that the dog food could increase the lifespan of … Continue Reading

A Pound of Flesh Just Got Heavier

By Kristi Wolff and Spencer Elg on Posted in Consumer Protection, Enforcement, Federal Trade Commission, Legislative Developments
The Federal Trade Commission announced yesterday that it has approved final amendments to Commission Rule 1.98 that adjust the maximum civil penalty dollar amounts for violations of 16 provisions of law the FTC enforces, as required by the Federal Civil Penalties Inflation Adjustment Act of 2015 (“Adjustment Act”), which requires federal agencies to implement a … Continue Reading

FTC Updates Consumer Guidance for Online Tracking

By Crystal N. Skelton and Alysa Zeltzer Hutnik on Posted in Advertising, Federal Trade Commission, Marketing & Media Transactions
On June 23, the FTC updated its consumer information page to provide updated guidance on “Online Tracking.”  The updated guidance is intended to provide consumers with information on different methods of tracking, how they work, and how consumers can control such tracking.  While directed to consumers, updates to this page can also help businesses understand … Continue Reading

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

By Crystal N. Skelton and Dana B. Rosenfeld on Posted in Advertising, Federal Trade Commission, Mobile Marketing, Privacy and Information Security
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

Some Things are Best Kept Private: FTC Settles with Company for Using Private Health Data in Public Physician Reviews

By Kristi Wolff on Posted in Federal Trade Commission, Privacy and Information Security
The FTC recently reinforced its commitment to protecting consumer health data in its settlement with electronic health record company Practice Fusion.  The company, which stores consumer health data in a cloud for healthcare providers, was charged with misleading consumers when it sought patients’ reviews of their doctors without disclosing that the information would be shared … Continue Reading

‘Smart’ Ways To Avoid FTC Internet Of Things Scrutiny

By Alysa Zeltzer Hutnik and Crystal N. Skelton on Posted in Federal Trade Commission, Internet of Things, Privacy and Information Security
Connected devices have existed in the marketplace in one form or another for decades (think vending machines or weather sensors). Yet, a confluence of forces in recent years has helped spur a mass proliferation of technology in the “Internet of Things,” and with it, the collection and analytics of big data. Demand is high to … Continue Reading
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