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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…
Congress Continues to Examine Data Brokers’ Practices
November 13, 2012
Congress Continues to Examine Data Brokers’ Practices
By: Michelle Cohen
The chairmen of the Congressional Bipartisan Privacy Caucus just released the responses they received from nine major data brokers whom they queried in July about how each broker collects, assembles and sells consumer information to third parties. In their responses, the nine companies — Acxiom, Epsilon, Equifax, Experian, Harte-Hanks, Intelius, Fair Isaac, Merkle and Meredith Corp. – generally asserted that they were not data brokers….
Judge’s Ruling on Antitrust Complaint Has Implications Far Beyond the .xxx Domain
November 2, 2012
Judge’s Ruling on Antitrust Complaint Has Implications Far Beyond the .xxx Domain
By: Ifrah Law
A recent decision by a federal judge in California has brought ICANN’s broad authority over the domain name system once again into question. Manwin Licensing International – perhaps the most lucrative provider of online adult-oriented content – brought an antitrust action against ICANN arising from the establishment of the .xxx top-level domain and the award of the registry contract for .xxx to ICM Registry. Manwin…
Why California AG’s Online Privacy Crackdown Makes a Big Difference
October 31, 2012
Why California AG’s Online Privacy Crackdown Makes a Big Difference
By: Michelle Cohen
Companies that run websites must comply with laws and rules requiring the maintenance of personal privacy. While federal requirements such as those applicable to financial privacy and children’s privacy gain significant attention, website and app developers also should pay careful attention to state privacy requirements. State regulators are monitoring websites and apps for compliance with their privacy mandates. Given the open nature of the Internet,…
POM Loses a Round in Its Advertising Dispute With FTC, But Battle Continues
October 11, 2012
POM Loses a Round in Its Advertising Dispute With FTC, But Battle Continues
By: Nicole Kardell
POM Wonderful LLC recently received a setback in its longstanding dispute with the Federal Trade Commission. On Sept. 30, 2012, U.S. District Judge Richard Roberts in the District of Columbia dismissed the juice maker’s declaratory judgment action against the FTC. The judge’s ruling, though, does not put an end to the POM-FTC battle, which is still on appeal in a related administrative proceeding. POM filed…
‘Results Will Vary,’ But FTC’s Cases Against Weight-Loss Companies Remain the Same
October 4, 2012
‘Results Will Vary,’ But FTC’s Cases Against Weight-Loss Companies Remain the Same
By: Ifrah Law
The Federal Trade Commission recently announced a settlement with Jason Pharmaceuticals regarding its use of consumer testimonials and health benefits claims. Any company that relies on testimonials in its advertising, even a company that like Jason Pharmaceuticals, sells products that often have beneficial health results, must become aware of this settlement. Jason Pharmaceuticals sells Medifast brand low-calorie meal substitutes. In 1992, the FTC settled a…
