Tag: FTC

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.