Showing posts filed under: FTC Beat by Nicole Kardell

July 18, 2023

Ready, Set, Go: More States Adopt Privacy Laws

If you blinked over the past couple of months, you may have missed it: the number of U.S. states that have adopted privacy laws has more than doubled. We are now up to 11 states (not including Nevada, which has a narrow privacy law on the books) with privacy frameworks. Fortunately, there seems to be… Read More

April 10, 2023

Basic Data Privacy Hygiene and AI: Do What You Say and Say What You Do

Our Privacy Team has been saying this for years –Do What You Say and Say What You Do.[1]  It’s an enduring maxim and an important basic step that companies need to embrace in their data collection practices.  It also fits in neatly with the concepts of Notice and Consent, which are the hallmarks of almost… Read More

March 9, 2022

The FTC Weighs In: Online Services Must Be Diligent When Kids’ Privacy At Stake

WW International (f/k/a Weight Watchers) seems to be doing children a service: the company developed an online program tailored to address childhood weight issues.  The program, offered by WW subsidiary Kurbo, has an app, youthful professional coaches, and many features that look promising both to attract and to retain program young subscribers. Plus, the program… Read More

July 17, 2020

Schrems II Screams: CJEU Decision Puts Companies in Tailspin Over EU-US Data Transfers

The privacy world is abuzz about the European Court of Justice’s July 16, 2020 decision in Schrems II: Europe’s highest court invalidated the EU-US Privacy Shield framework. The Privacy Shield provides a streamlined mechanism to facilitate personal data transfers from Europe to the U.S. It was implemented in 2016 following the invalidation of an earlier… Read More

July 9, 2020

FTC Settles with Gaming App for False Representations about Children’s Privacy

On July 6, 2020, the Federal Trade Commission announced a settlement with gaming app developer Miniclip S.A. The settlement addresses allegations that Miniclip falsely claimed membership in a Children’s Online Privacy Protection Act (COPPA) safe harbor program for the last several years. Miniclip boasts more than 1 billion downloads of its 45 “high-quality mobile games”… Read More

April 15, 2020

FTC Enforcement reminds Companies to live up their Promises

The FTC recently announced its settlement with Tapplock, Inc., a maker of smart padlocks (Internet-connected fingerprint-enabled padlocks that you can use in lieu of old-fashioned combo locks). The FTC investigated the Canadian-based company for its allegedly false claims that its Internet-connected smart locks were designed to be “unbreakable” and that the company took reasonable steps… Read More

April 8, 2020

Failure to Certify: Companies That Falsely Claim They Are Privacy Shield Certified or Let Their Certification Lapse Face Enforcement Action.

Does your company’s privacy policy include a claim that it is Privacy-Shield certified? If so, you should ensure that it is, in fact, certified and that the certification has not lapsed. Failures in this area are low-hanging fruit for government enforcement actions.   A little background on the Privacy Shield Framework.  The U.S. Privacy Shield framework… Read More

April 7, 2020

Telemarketing Restrictions During State of Emergency

  If part of your marketing plan involves calls to consumers, please be aware of additional telemarketing restrictions in some states (presently New York and Louisiana) during a state of emergency.   New York New York recently enacted a law to prohibit unsolicited telemarketing calls during a state of emergency. Since New York Governor Andrew Cuomo… Read More

March 26, 2020

Privacy Pointers for Employees of the Teleworking World

Work got a lot more personal when it moved in with my family. For people used to keeping a healthy divide between their business and personal lives, the new telework dynamic can be particularly stressful. That “healthy divide” can crumble under the weight of quarantine as tiny voices (kids and pets) infiltrate teleconference and video… Read More