Tag: FTC
Utah, Colorado Pave Way for AI-Specific State Laws – Is Your Company Ready for the Impending Regulation Wave?
The regulation of artificial intelligence (AI) has drawn significant interest from policymakers in the US, particularly at the state level. There has been a recent slew of legislative activity with respect to comprehensive AI bills across various states. We expect to see this new wave of comprehensive AI regulation at […]
FTC Targets Algorithmic Discrimination in Settlement With Rite Aid
In December 2023, the Federal Trade Commission (FTC) announced a settlement with Rite Aid for the company’s use of facial recognition technology (FRT) in connection with its surveillance technologies for theft deterrence purposes. In this groundbreaking settlement, the FTC took its first enforcement action against a company for “algorithmic unfairness” […]
FTC Adds New Data Breach Reporting Obligations Under Safeguards Rule
On October 27, 2023, the Federal Trade Commission (FTC) unanimously approved an amendment to the Gramm-Leach-Bliley Act (GLBA) Safeguards Rule to require certain covered financial institutions to report a broad range of data breaches and other unauthorized data disclosures to the FTC. With a broader scope than existing obligations, quick […]
UK-US Data Bridge Gets Green Light
Closely following the establishment of the EU-US Data Privacy Framework (DPF) – see our July 2023 post – the UK has now agreed to an extension for the transfer of personal data from the UK to the US, known as the UK Extension to the EU-US Data Privacy Framework, or […]
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 […]