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A Blog About FTC regulations and happenings

Following a public comment period, the Federal Trade Commission recently approved a final order settling charges against mobile device manufacturer HTC America, Inc. HTC develops and manufactures mobile devices based on the Android, Windows Mobile, and Windows Phone operating systems. This case, which focuses on device security, is the FTC’s first case against a device manufacturer. The FTC alleged that HTC failed to take reasonable steps to secure the software it developed for its smartphones and tablet computers. According to the FTC, HTC’s failures introduced various security flaws that placed consumers’ sensitive information at risk. The FTC’s action against HTC signals the agency’s continued focus on data security and data privacy issues and use of its broad “Section 5” authority, which the FTC has repeatedly asserted against various organizations, including its ongoing litigation with Wyndham Hotels. The HTC case also reiterates the agency’s strong interest in securing mobile networks,, now that mobile phones, which are full of sensitive contact, financial, and... Read more

Beta testing is underway for Google Glass, a new technology that provides the functionality of a smartphone in a headset worn like glasses. Much like a smartphone, the Glass headset is able to exchange messages with other mobile devices, take pictures, record videos, and access search engines to respond to user queries. But unlike a… Read More

While Google is already subject to commitments it made to the FTC regarding the requirement to afford advertisers non-discriminatory access to its search engine, the FTC’s latest guidance makes clear that Google and other search engines must also maintain clear disclosures to the public about sponsored content in search results. On June 24, 2013, in… Read More

Recently, the Consumer Financial Protection Bureau, the watchdog agency of the financial industry, has proved that it has considerable bite. Created under the Dodd-Frank act to fill gaps in regulatory coverage, the CFPB’s mandate is to enforce federal regulations that, among other things, restrict “unfair deceptive or abusive acts or practices” in consumer finance. The… Read More

Affiliate Marketers Need to Be Aware of the CFTC
June 23, 2013

Affiliate Marketers Need to Be Aware of the CFTC

By: Rachel Hirsch

Some affiliate marketers have recently gotten involved in the risky world of online trading. Online trading, particularly the trading of binary options, has become an attractive alternative for some affiliate marketers to traditional forms of online marketing. However, those companies that do get involved in this market must be aware of the presence of the… Read More

Over the past decade the Federal Trade Commission has brought cybersecurity enforcement actions against various private companies, imposing tens of millions of dollars in monetary penalties and requiring companies to maintain more stringent data-security practices. No company has ever challenged the FTC’s authority to regulate cybersecurity in this way in court – until now. On… Read More

On May 6, 2013, the U.S. Senate passed the “Marketplace Fairness Act,” which allows states to collect sales tax on online purchases, whether or not the online retailer has a physical presence in the state. If this bill becomes law, it would change the structure that has been in place since the 1992 Supreme Court… Read More

The Federal Trade Commission has made it quite clear that it is serious about advising mobile app developers that the rules of the road will be changing very soon. Since 2011, the Commission has been working to update the rules governing the collection of children’s personal information by mobile apps. The relevant law is the… Read More

On April 3, 2013, the Federal Trade Commission issued a press release that marks yet another step in its continuing trend of actions involving data brokers and data providers. As we have noted in earlier blog posts, the agency is making a concerted effort on a number of fronts to enforce the laws that protect… Read More

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