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California Actively Enforcing its Delete Act against Data Brokers
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March 10, 2025
California Actively Enforcing its Delete Act against Data Brokers
By: Nicole Kardell
If you are a data broker and you are not registered in California, you may face sanctions, including fines and possible shut down of operations. The California Privacy Protection Agency is actively enforcing the state’s Delete Act, legislation that was enacted in 2023. The Delete Act requires entities that qualify as data brokers under the law to register annually with the CPPA and pay the associated fee. In October 2024, the CPPA announced that it would start a sweep to investigate and penalize data brokers that failed to comply. Making good on its promise, the agency recently released a statement that it settled with a data broker, Background Alert, Inc., for failing to register. The settlement requires the company to…
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FTC Cracking Down On Online Censorship
February 27, 2025
FTC Cracking Down On Online Censorship
By: Steven Eichorn
The Federal Trade Commission (FTC) has recently launched a public outreach effort to obtain information from the public regarding how they are treated by technology platforms. As explained by the FTC, they are seeking to “understand how technology platforms deny or degrade users’ access to services based on the content of their speech or affiliation, and how this conduct may have violated the law.” This…
Pause Play? CFPB Gaming-Related Rules on Hold
February 12, 2025
Pause Play? CFPB Gaming-Related Rules on Hold
By: Michelle Cohen
Newly installed Consumer Financial Protection Bureau (“CFPB”) Director Russell Vought directed agency staff to stop work on agency matters and stay home. The future of many of the CFPB-led initiatives looks bleak, including a recent interpretive rule proposal that would treat video game publishers like payment processors. Background Congress created the CFPB, an independent federal agency, in 2011 in response to the financial crisis of…
Civil or Criminal Liability: Charging A Payment Processing Case by Coin Toss?
August 17, 2020
Civil or Criminal Liability: Charging A Payment Processing Case by Coin Toss?
By: James Trusty
In the eyes of federal investigators, when is a payment processor considered a benevolent alternative to traditional banks, and when is it viewed as a shady facilitator of all things criminal? In other words, is the client another Paypal or Venmo, or are we looking at a potential WireCard AG prosecution? We have noticed in recent cases that prosecutors are across the board in their…
Schrems II Screams: CJEU Decision Puts Companies in Tailspin Over EU-US Data Transfers
July 17, 2020
Schrems II Screams: CJEU Decision Puts Companies in Tailspin Over EU-US Data Transfers
By: Nicole Kardell
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 “safe harbor” system. Europe deems the U.S. to have insufficient…
Upcoming Supreme Court cases could stop FTC from halting businesses and freezing assets via TROs
July 16, 2020
Upcoming Supreme Court cases could stop FTC from halting businesses and freezing assets via TROs
By: Ifrah Law
If it was not already apparent, the Supreme Court last week made it clear that it is taking a close look at the power of federal agencies to obtain monetary relief such as disgorgement or restitution through civil proceedings. Indeed, on June 22, the Court in Liu v. Securities and Exchange Commission held that although the SEC had the power to obtain disgorgement in civil…
FTC Settles with Gaming App for False Representations about Children’s Privacy
July 9, 2020
FTC Settles with Gaming App for False Representations about Children’s Privacy
By: Nicole Kardell
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” (such as Agar.io and Soccer Stars) and a further catalogue…
Supreme Court Finds That CFPB Director Can Be Removed By President, But Allows Agency To Continue To Operate
June 29, 2020
Supreme Court Finds That CFPB Director Can Be Removed By President, But Allows Agency To Continue To Operate
By: Ifrah Law
On June 29, 2020, the Supreme Court issued a ruling that expanded the President’s authority to remove a director of the Consumer Financial Protection Bureau (CFPB), while simultaneously finding that the Bureau itself could continue to exist an operate. In Seila Law LLC v. CFPB, both the law firm Seila Law—which was under investigation by the CFPB for charging consumers with improper fees in association…
