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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…
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…
