The FTC is closing out 2022 with additional guidance for mobile health app developers signaling its continued interest in this industry. Since 2021, we have seen several steps from the agency demonstrating a focus on companies that collect health information but may not be a covered entity or business associate under HIPAA. This includes publishing additional resources, releasing commentary broadly interpreting the FTC’s Health Breach Notification Rule, and enforcement activity. Most recently, the FTC and other key regulators updated its “Mobile Health App Interactive Tool”.

Continue Reading FTC and Other Regulators Continue to Signal Interest in Mobile Health Apps

Pennsylvania recently amended its data breach notification law to expand its definition of personal information and provide for a HIPAA exception. The process for providing notice in the event of a username/email breach has also changed. The amendments will not be effective until May 2, 2023.

Continue Reading Pennsylvania Amends Breach Notification Law

New York’s Attorney General Letitia James recently secured a $1.9 million settlement from online retailer Zoetop Business Company, Ltd. to settle allegations that Zoetop had improperly handled a 2018 data breach and subsequent consumer notification. The scrutiny given to Zoetop provides insights into the NYAG’s expectations around breach investigations and response.

Continue Reading Lessons From New York AG Scrutiny of Breach Investigation and Response

The FTC recently took action against the online alcohol marketplace company Drizly and its CEO for alleged security failures. The case arose from a 2018 data breach which was caused – according to the FTC – by poor security measures stemming from the company’s alleged failure to devote sufficient resources or attention to data security.

Continue Reading FTC Action Against Drizly and CEO Provides Insight Into Its Security Expectations

In a recent settlement with the New York Department of Financial Services, EyeMed Vision Care LLC agreed to pay a $4.5 million penalty and undertake remedial measures to increase its cybersecurity. This includes undertaking an action plan based on a comprehensive risk assessment, subject to the review and approval of NYFSD.

Continue Reading NYDFS’s $4.5 Million EyeMed Cyber Settlement Reminder To Industry

The White House recently hosted a group of industry and government partners to discuss the development and implementation of an Internet of Things (IoT) labeling program. This program would develop a common label to help consumers easily recognize which devices meet the highest cybersecurity standards to protect against vulnerabilities. 

Continue Reading White House Aims for Spring 2023 Rollout of Internet of Things Labeling Program

On October 18, the CFPB sued a software company for utilizing their online payment platform to enroll unknowing consumers into annual subscriptions through deceptive acts and “dark pattern” techniques in violation of the CFPA and EFTA. Among other things, the complaint alleges that the company encouraged consumers to unknowingly enroll in free trials and converted the free trials into annual subscriptions through a “negative option” renewal policy (our sister blog covered “negative option” marketing in a previous post here). During this process, the company allegedly collected consumers’ registration information and consumer payments data (e.g., credit or debit card number) so that it could transmit the consumer payments data through its payments systems. 

Continue Reading CFPB Sues Payment Platform Over Dark Patterns

Companies who participate in the AdTech and digital advertising eco-system are very familiar with the Interactive Advertising Bureau and its form advertiser agreements. Those agreements can help streamline negotiations, presenting the parties with, essentially, a pre-negotiated approach to common issues. When CCPA was passed, IAB updated its form to address that law and address consumer notice and consent. With the upcoming laws in California, Colorado, Connecticut, Utah and Vermont, the document is now outdated.

Continue Reading IAB Steps In State Signal Morass