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Bait, Switch, and Binge Watch: Florida Takes on Netflix
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September 18, 2026
Bait, Switch, and Binge Watch: Florida Takes on Netflix
By: Katie Kovalsky
On September 9, 2026, Florida Attorney General James Uthmeier sued Netflix alleging violations of the Florida Deceptive and Unfair Trade Practices Act and the Florida Digital Bill of Rights.[1] The basis of the allegation is that Netflix built its reputation and sold its monthly services on a false promise that it would let consumers avoid the surveillance associated with major tech companies and instead was “kid-friendly” and “ad-free.”[2] The suit accuses Netflix of breaking this promise by engaging in large scale surveillance and data collection, recording information such as what devices customers and their children use, where they are when they use them, and what content they watch, pause, rewind, search, skip, and abandon. [3] Netflix purportedly uses this data…
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FTC’s Scrutiny of Non-Compete Agreements Provides Key Lessons for Businesses
August 3, 2026
FTC’s Scrutiny of Non-Compete Agreements Provides Key Lessons for Businesses
By: Jordan Briggs
Recently, the Federal Trade Commission (“FTC”) announced it finalized a consent order with pest control company Rollins, Inc. that requires Rollins to stop enforcing its existing non-compete agreements with over 18,000 employees.[1] This consent order signals that although the FTC stopped pursuing an outright ban on employee non-compete agreements,[2] the agency is still poised to limit the anticompetitive effects of these non-competes. The Rollins Complaint…
Ready, Set, Go: More States Adopt Privacy Laws
July 15, 2026
Ready, Set, Go: More States Adopt Privacy Laws
By: Nicole Kardell
Note the below chart was updated on July 15, 2026 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…
Data Privacy Day
January 28, 2014
Data Privacy Day
By: Michelle Cohen
By Michelle Cohen, CIPP-US On January 28th, in an effort raise awareness of privacy and data privacy, the United States, Canada and 27 countries of the European Union celebrate International Data Privacy Day. Many organizations use Data Privacy Day as an opportunity to educate their employees and stakeholders about privacy-related topics. With the recent, high-profile data breaches as Target, Neiman Marcus, and potentially, Michaels, the need…
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…
