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Temporary relief from compliance obligations under the Corporate Transparency Act
FEATURED
December 5, 2024
Temporary relief from compliance obligations under the Corporate Transparency Act
By: Steven Eichorn
On December 3, 2024, a U.S. District Court[1] issued a nationwide preliminary injunction that enjoins the federal government from enforcing the Corporate Transparency Act (the CTA). The CTA requires “reporting companies” in the United States to disclose basic identifying information about their beneficial owners — the individuals who ultimately own or control a company — to the Treasury Department’s Financial Crimes Enforcement Network (FinCEN). The court issued the injunction because (i) the CTA represents a federal attempt to usurp a power left to the states since it is monitoring companies created under state law, and, under the Constitution, the federal government cannot interfere with the state’s rights in creating corporations, and, (ii) the CTA aims to terminate an attractive feature…
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Will Free Speech Become Expensive for Big Tech?
December 2, 2024
Will Free Speech Become Expensive for Big Tech?
By: James Trusty
Section 230 of the Communications Decency Act[1] is the federal law that allows internet platforms to host online content without fear of lawsuits based on third party content. In other words, for hosting free speech, internet providers are given immunity from liability if the speech somehow crosses the line from protected free speech into unprotected territory (defamatory, criminal solicitation, etc.). With the recent presidential and…
Dolce Vita Ruling a Win for Cookies and Pixels Alike
November 21, 2024
Dolce Vita Ruling a Win for Cookies and Pixels Alike
By: Robert Ward
In recent years, companies in industries from media to healthcare have faced a rash of lawsuits challenging their use of common web tracking technologies such as the Meta Pixel. These cases generally allege that the use of such tracking technologies violates common law privacy protections and a wide range of state and federal privacy statutes. Late last month, in Vita v. New England Baptist Hospital,…
FTC to Search Engines: Distinguish Paid Search Results or Risk FTC Action
June 30, 2013
FTC to Search Engines: Distinguish Paid Search Results or Risk FTC Action
By: Michelle Cohen
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 a series of letters to general search engines such as…
Affiliate Marketers Need to Be Aware of the CFTC
June 23, 2013
Affiliate Marketers Need to Be Aware of the CFTC
By: Ifrah Law
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 U.S. Commodity Futures Trading Commission (CFTC), which regulates these markets….
Wyndham Case Challenges FTC’s Authority Over Cybersecurity
June 12, 2013
Wyndham Case Challenges FTC’s Authority Over Cybersecurity
By: Ifrah Law
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 June 17, 2013, a federal court will finally get a…
FTC: Data Brokers That Compile Tenant Data May Be Covered by FCRA
May 2, 2013
FTC: Data Brokers That Compile Tenant Data May Be Covered by FCRA
By: Steven Eichorn
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 consumer data and privacy. The FTC’s current action involves a…
FTC, Rent-to-Own Stores Settle Charges of Spying on Consumers Via Rented Computers
April 26, 2013
FTC, Rent-to-Own Stores Settle Charges of Spying on Consumers Via Rented Computers
By: Ifrah Law
The Federal Trade Commission recently approved nine final orders that settle charges against seven rent-to-own stores and a software design firm and its principals. The charges stemmed from shocking allegations that the companies spied on consumers using computers that the consumers had rented from them. Among other things, the Commission’s complaint alleged that the computers were equipped with software (PC Rental Agent) that used the…
