Tag: FTC
Digital Health and Connected Device Companies Be on Alert: FTC Continues to Focus on Consumer Health Information in Recent Enforcement Action
In the post-Roe era, the federal government and state governments continue to focus on consumer digital health privacy. On May 17, 2023, the Federal Trade Commission (FTC) announced a settlement with Easy Healthcare Corporation (ECH) related to its Premom Ovulation Tracker mobile application. The settlement is reflected in the terms […]
FTC Warns to ‘Keep Your AI Claims in Check’ in New AI Guidance
On February 27, 2023, the US Federal Trade Commission (FTC) published new Business Blog guidance from Division of Advertising Practices staff about marketing claims for artificial intelligence products. While prior FTC AI guidance focused on the need to avoid using automated tools that have biased or discriminatory impacts, the latest […]
FTC Proposes Change in Regulation, Enforcement of Data Collection and Security
Key Takeaways On August 11, 2022, the Federal Trade Commission announced an advance notice of proposed rulemaking (ANPR) to initiate a process that would allow it to develop and enforce rules on what the FTC has termed “commercial surveillance,” which it broadly defines as the “collection, aggregation, analysis, retention, transfer, […]
FTC Commissioners Ponder Future of Section 13(b) and Alternative Enforcement Mechanisms
Nearly a year after the Supreme Court stripped the FTC of its ability to obtain equitable monetary relief under Section 13(b) of the Federal Trade Commission Act (FTCA) in AMG Capital Management LLC v. FTC, the Commission convened an open meeting to discuss the impact of this decision on their activities, […]
FTC Requires App Developer to Obtain Users’ Express Consent for Use of Facial Recognition
The Federal Trade Commission announced on January 11 that Everalbum, the developer of the photo storage application called Ever, settled allegations that it deceived users about its use of facial recognition technology and retained photos and videos from users who had deactivated their accounts in violation of its own privacy policy. […]
Fintech Faces Expanded Applicability of GLBA’s Privacy and Security Requirements
In a little-noticed consent decree in the fall of 2019, the Federal Trade Commission took the position that businesses whose services facilitate financial operations on behalf of financial institutions may themselves be financial institutions subject to the privacy and data security requirements under the Gramm-Leach Bliley Act. This decision may […]
AI and Algorithms: FTC Issues Guidance for Companies Amid Heightened Scrutiny
Even before the COVID-19 crisis, artificial intelligence and algorithms, particularly in the context of pricing, were a focus of the Federal Trade Commission and the Department of Justice’s Antitrust Division. With the COVID-19 pandemic shining a spotlight on online platforms and sellers using algorithms to set prices, it is particularly […]
FTC Increasingly Looks to Public Companies’ SEC Disclosures for Privacy and Cybersecurity Enforcement Opportunities
While the FTC does not make its initial privacy and cybersecurity investigations public, there have been reports that the FTC has initiated an increasing number of privacy and cybersecurity-related enforcement actions following disclosures of privacy or cybersecurity incidents by public companies in their SEC filings.