Category: Privacy Law

January 24, 2013

Criminal Background Checks? The FTC Knows There’s an App for That

As we cautioned in a September post, the FTC is stepping up enforcement actions against mobile app developers for failure to comply with consumer protection principles. This month, the FTC took another major step in that direction with a groundbreaking settlement applying the Fair Credit Reporting Act (FCRA) to app developers Filquarian Publishing, LLC, Choice… Read More

December 26, 2012

FTC Adopts New Amendments to Add to Children’s Online Privacy

The Federal Trade Commission announced on December 19, 2012, that it has adopted final amendments to the Children’s Online Privacy Protection Act (COPPA) that strengthen privacy protections online and give parents greater control over their children’s personal information. FTC officials said that they updated the rules to keep pace with the increasing use of mobile… Read More

December 20, 2012

FTC Seeking Information From 9 Data Brokers in Industry Probe

On December 18, 2012, the Federal Trade Commission issued orders requiring nine data brokerage companies to provide the agency with information on how they collect data from consumers and use it. The nine companies asked to provide this data to the FTC include Acxiom, Datalogix, Intellius and Peekyou. Data brokers are companies that collect personal… Read More

December 7, 2012

California Attorney General Flexes Muscle on Mobile Privacy: AG Sues Delta for Lack of Privacy Policy on Mobile Application

Yesterday, California’s Attorney General Kamala Harris filed the state’s first suit under California’s Online Privacy Protection Act.  The lawsuit, against Delta Air Lines, followed the Attorney General’s warning letters to Delta and many other companies in October to post privacy policies with their mobile apps to inform users of what personally identifiable information is being… Read More

November 13, 2012

Congress Continues to Examine Data Brokers’ Practices

The chairmen of the Congressional Bipartisan Privacy Caucus just released the responses they received from nine major data brokers whom they queried in July about how each broker collects, assembles and sells consumer information to third parties. In their responses, the nine companies — Acxiom, Epsilon, Equifax, Experian, Harte-Hanks, Intelius, Fair Isaac, Merkle and Meredith… Read More

November 12, 2012

Policing the Wide, Wild New World of Biometrics

Progress in the world of biometrics should cause us all to shudder. Cameras in public locations can now employ facial recognition to direct advertising to us based upon an assessment of our age, sex, and other characteristics. Cameras can determine our reaction to and engagement in video games and movies. It sounds a bit like… Read More

October 31, 2012

Why California AG’s Online Privacy Crackdown Makes a Big Difference

Companies that run websites must comply with laws and rules requiring the maintenance of personal privacy. While federal requirements such as those applicable to financial privacy and children’s privacy gain significant attention, website and app developers also should pay careful attention to state privacy requirements. State regulators are monitoring websites and apps for compliance with… Read More

October 19, 2012

FTC Issues Challenge to Public: Write a Program to End Robocalling in America

On October 18, 2012, the Federal Trade Commission hosted a robocall summit to address the current state of the law and to reinforce the FTC’s commitment to enforcing those laws. Additionally, FTC Bureau of Consumer Protection Director David Vladeck announced a formal challenge to end illegal robocalling in the United States by offering a $50,000… Read More

September 20, 2012

App Developers Beware: FTC and Congress Are Watching Your Claims, Privacy Issues

All mobile app developers need to know that the federal government is stepping up its regulation of data privacy and truth-in-advertising for mobile apps. The Federal Trade Commission is now actively monitoring mobile applications’ compliance with data privacy and truth-in-advertising regulations, and the House Committee on Energy and Commerce is considering a new mobile device… Read More

September 10, 2012

FTC Sues DISH Network for Violating ‘Do-Not-Call’ Rules in Telemarketing

The FTC recently sued satellite television service operator DISH Network in federal district court in Illinois for violations of the Telemarketing and Consumer Fraud and Abuse Act. The agency claims DISH violated “company-specific do-not-call rules” – in other words, the FTC claims that DISH called consumers who had previously asked DISH not to call them… Read More