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FTC Adds COPPA Violations to the Growing List of Privacy Concerns While TikTok is on the Clock
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August 13, 2024
FTC Adds COPPA Violations to the Growing List of Privacy Concerns While TikTok is on the Clock
By: Jordan Briggs
For years now, TikTok has seemed to be the center of attention. From viral baking content to true crime to dancing videos to family-influencer content, everyone seems to be on it or talking about it. And the FTC has said that’s part of the problem. On August 2, the Department of Justice (“DOJ”) brought a suit on behalf of the Federal Trade Commission (the “FTC”) against TikTok, its parent company ByteDance, and affiliated companies for violating the Children’s Online Privacy Protection Act (“COPPA”) by collecting and using personal information from children under 13 years old without notifying and obtaining parental consent. Since 2000, COPPA has required websites directed to children or for which the “operator has actual knowledge that it is…
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Chevron Overruling Sparks Regulatory Uncertainty Across Industries
July 10, 2024
Chevron Overruling Sparks Regulatory Uncertainty Across Industries
By: Jake Gray
A landmark decision by the Supreme Court overruled 40-year precedent that provided the bedrock for modern federal agency rulemaking and administration. In Loper Bright Enterprises v. Raimondo (2024), alongside its companion case Relentless, Inc. v. Department of Commerce, the Supreme Court overruled Chevron U.S.A. Inc. v. Natural Resources Defense Council, Inc. (1984), holding that deference to an agency’s interpretation of the statute is inconsistent with…
Ready, Set, Go: More States Adopt Privacy Laws
July 8, 2024
Ready, Set, Go: More States Adopt Privacy Laws
By: Nicole Kardell
Note the below chart was updated on July 8, 2024 to reflect recent developments. The number of U.S. states that have adopted privacy laws grows regularly. Fortunately, there seems to be quite a bit of crossover, at least when it comes to thresholds that companies must meet in order to trigger compliance requirements. We provide below a chart that summarizes these thresholds by state, including…
FTC Clamps Down on EU Safe Harbor Compliance: If Your Company Says It Is Certified, Keep Your Certification Current
January 22, 2014
FTC Clamps Down on EU Safe Harbor Compliance: If Your Company Says It Is Certified, Keep Your Certification Current
By: Michelle Cohen
Once again using its administrative litigation process, the Federal Trade Commission (“FTC”) announced settlements with twelve large businesses, including the Atlanta Falcons and Denver Broncos football teams, the Baker Tilly accounting firm, BitTorrent, Inc., a peer-to-peer file sharing protocol, Level 3 Communications (one of the largest Internet service providers in the world), and Reynolds Consumer Products, all relating to alleged deceptive claims of U.S.-E.U Safe harbor…
Investigating For-Profit Edu: Are Government Agents Going To Start Tripping Over Each Other?
January 21, 2014
Investigating For-Profit Edu: Are Government Agents Going To Start Tripping Over Each Other?
By: Nicole Kardell
Things look a bit bleak for the for-profit education industry: it seems like every other day a new federal or state agency is launching an investigation or proposing new regulations. The latest news is that a coalition of 32 state attorneys general, along with the Consumer Financial Protection Bureau, is expanding a probe into lending practices at for-profit colleges. This news follows pronouncements by the…
Industry, Members of Congress Take Action on FTC Process
January 9, 2014
Industry, Members of Congress Take Action on FTC Process
By: Michelle Cohen
As the Federal Trade Commission (“FTC”) continues to flex its consumer protection muscles by bringing numerous administrative lawsuits, industry and members of Congress are questioning whether there is a level playing field that allows companies to properly defend themselves against FTC charges. Or, as some say, does the FTC have the “home court advantage” in its role as investigator and prosecutor, armed with very broad…
New Year Brings New Plans by the FTC to Take Down Deceptive Weight Loss Advertisers
January 8, 2014
New Year Brings New Plans by the FTC to Take Down Deceptive Weight Loss Advertisers
By: Ifrah Law
New year, new resolutions. Yesterday, the FTC announced a resolution of its own: to undertake a nationwide enforcement effort to protect consumers against deceptive weight loss claims. Dubbed “Operation Failed Resolution,” the FTC’s latest enforcement effort seeks to protect consumers who face a barrage of “opportunistic marketers” promising quick ways to shed pounds. According to the FTC, these marketing tactics cause millions of dollars of…
Botnet ZeroAccess Hit With Complaint by Microsoft, but Will This Slow the Malware Industry Down?
December 19, 2013
Botnet ZeroAccess Hit With Complaint by Microsoft, but Will This Slow the Malware Industry Down?
By: Ifrah Law
ZeroAccess is one of the world’s largest botnets – a network of computers infected with malware to trigger online fraud. Recently, after having eluded investigators for months, ZeroAccess was disrupted by Microsoft and law enforcement agencies. Earlier this month, armed with a court order and law enforcement help overseas, Microsoft took steps to cut off communication links to the European-based servers considered the mega-brain for…
