Showing posts filed under: FTC Beat by Michelle W. Cohen
Former Uber Security Chief Convicted of Federal Charges Stemming From 2016 Extortionate Data Breach
Uber’s former Chief Security Officer, Joe Sullivan, was convicted of two federal charges—obstruction of justice and misprision of a felony—for his role in covering up an extortionate data breach in 2016, which compromised more than 50 million personal records of Uber drivers and passengers, while the Federal Trade Commission (“FTC”) was probing Uber’s privacy protections. … Read More
FTC Tells Advertisers – Fake Reviews and Endorsements Are Going to Cost You
Does your company or its affiliate advertisers use celebrities or influencers to market your services? Do you use customer reviews to promote your offerings? The Federal Trade Commission (“FTC”), energized by new Chairperson Lina Khan, just sent out notices to over 700 companies – including many household names (https://www.ftc.gov/system/files/attachments/penalty-offenses-concerning-endorsements/list-recipients-endorsement-notice.pdf) warning them about using fake reviews… Read More
Eleventh Circuit Assumes FTC’s Data Security Enforcement Authority, But Mandates Specificity for FTC Orders
On June 6, 2018, the United States Court of Appeals for the Eleventh Circuit issued a landmark ruling in LabMD v. Federal Trade Commission. While the Eleventh Circuit impliedly held that the Federal Trade Commission (“FTC”) has authority to take enforcement action against companies whose unfair practices lead to data security incidents that pose… Read More
Facebook and the FTC: A Wake-Up Call for Companies Collecting Personal Data
The FTC is reported to be joining state and international regulators in examining Cambridge Analytica’s actions with data accessed from Facebook, including how the data analytics company obtained the information, what it did with the information, and whether Facebook complied with existing obligations, including a 2012 FTC consent decree. The situation underscores the importance of… Read More
Mount Sinai Health System Defeats TCPA Action for Flu Shot Reminder
No one likes being on the receiving end of an immunization shot, but many of us submit to a flu shot each fall or winter. David Latner, a patient of the Mount Sinai Health System’s West Park Medical facility, apparently found a single text from West Park reminding him about flu shots to be alarming… Read More
D.C. Circuit v. FCC – More Pushback to Come?
Over the past several years, the Federal Communications Commission (“FCC”) took an expansive view of its rules under the Telephone Consumer Protection Act of 1991 (“TCPA”). The TCPA bars certain calls, texts and faxes without prior express consent and requires disclosures and opt-out procedures. While the FCC and state attorney generals may enforce the TCPA,… Read More
Online Reviewers Get New Protections
Your business booked a large charity event. However, the customer contact turns out to be a nightmare. She complains (during and after the event) that the service was slow, the food looked and tasted like a frozen meal, and the drinks were watered down. She even claims she was overcharged. You reviewed the situation and,… Read More
How The FTC Guides Businesses Through Data Breaches
The Federal Trade Commission (“FTC”) recently released a data breach guide for businesses, along with a video and blog to help companies following the immediate aftermath of a data breach. The FTC also provides a model data breach letter to notify individuals of a breach. The agency – which views itself as the nation’s primary… Read More
Wells Fargo Learns That Recording Calls In California Can Be Costly
In the past few years, many organizations such as Capital One, Bass Pro Outdoor, and the Cosmopolitan Hotel have faced class actions alleging violations of California’s call recording law. This week, California’s Attorney General demonstrated that her office, working with state prosecutors, will also vigorously enforce the law under the state’s criminal statutes. Attorney General… Read More
TCPA Trouble Continues: FCC Slams Lyft and First National Bank for Terms of Service Requiring Consent
Most of the attention involving the Telephone Consumer Protection Act (“TCPA”) has centered on the stream of class actions around the country. It is important to remember that the Federal Communications Commission (“FCC”) and state attorney generals can, and do, enforce the TCPA. In fact, the FCC recently issued citations to Lyft, the ride-sharing… Read More
IFRAH Law
