The FTC recently took two well-publicized steps in the children’s privacy space. First, it penalized WW International (formerly, Weight Watchers) and its subsidiary, Kurbo, for alleged COPPA violations. Second, it unanimously voted to adopt a new policy statement on education technology and COPPA. These actions follow its March COPPA settlement with TickTalk Tech.

Continue Reading FTC Continues Focus on Children’s Privacy

The FTC recently published two new resources for complying with the Health Breach Notification Rule. The Rule requires vendors of personal health records (PHR), PHR-related entities and service providers to these entities, to notify consumers and the FTC (and, in some cases, the media) in the event of a breach of unsecured identifiable health information. The guidance reaffirms and adds further clarity to the Agency’s broad interpretation of the Rule released in its policy statement last fall.
Continue Reading FTC Continues to Signal Interest in Digital Health Industry, Publishing Updated Resources

A California-based lead generation company recently settled with the FTC for $1.5 million over alleged privacy violations. The FTC argued that the company deceptively acquired consumer personal information and improperly
Continue Reading FTC Fines Lead Generation Company $1.5M Citing Misuse of Consumer Financial Data

OpenX Technologies recently agreed to pay $2 million to settle FTC allegations that the advertising platform violated the FTC Act and the Children’s Online Privacy Protection Act. OpenX runs a programmatic ad exchange, running a bidding platform that auctions online ad space. The company contracts with publishers who have open ad space as well as ad networks with inventories of ads they are seeking to publish online.

Continue Reading OpenX Ad Exchange Settles With FTC Over Alleged COPPA and Other Violations

The Federal Trade Commission recently issued a new enforcement policy statement about “dark patterns:” programs that attempt to “trap” consumers into service contracts. These programs usually take the form of negative option marketing programs, according to the FTC, and are regulated under most states’ laws as well as the Restore Online Shoppers Confidence Act (ROSCA).

Continue Reading FTC To Focus Enforcement Efforts on Dark Patterns

The FTC recently announced a final rule updating its GLBA Safeguards Rule to “strengthen the data security safeguards” of consumer financial information. The FTC reported that it was making these changes in response to widespread data breaches and cyberattacks.  As we reported in our sister blog, the changes will mean that a broad range of non-banking financial institutions may need to make updates to their data security policies and procedures. The new requirements go into effect in November 2022.

Continue Reading Non-Banking Institutions Will Want to Review Security Measures in Light of Update to Safeguards Rule

The FTC recently settled with a surveillance app operator over allegations that the company facilitated the secret harvesting of personal information. According to the FTC, the main users of Support King, LLC’s “SpyFone” app were bad actors who used the tool to remotely monitor users’ physical and digital activities. The FTC dismissed the company’s argument that the users were employers and parents as a “pretext.” It felt neither group would want to use the product, which to install required minimizing the device’s security settings and potentially voiding the device warranty.

Continue Reading FTC Surveillance App Settlement Signals Concern Over Deceptive Tracking

The use of apps, wearables, and other devices used to track health and wellness data have continued to rise. The FTC again signaled its focus on this growing industry in a statement on the scope of the Health Breach Notification Rule. In the statement, the FTC called out specific types of apps and trackers that it views as having notification obligations under this rule.

Continue Reading FTC Warns Digital Health Industry to Comply with its Breach Notification Rule