FTC

The Federal Trade Commission (FTC) has released a staff reportBringing Dark Patterns to Light, which discusses misleading and manipulative design practices—dark patterns—in web and mobile apps. These design choices take advantage of users’ cognitive biases to influence their behavior and prevent them from making fully informed decisions about their data and purchases. Dark patterns are employed to get users to surrender their personal information, unwittingly sign up for services, and purchase products they do not intend to purchase. The consequences of dark patterns have been increasingly noticed in the regulatory and legislative sphere, both in the United States and Europe

Continue Reading Dark Patterns under the Regulatory Spotlight Again

In case you missed it, below are recent posts from Consumer Privacy World covering the latest developments on data privacy, security and innovation. Please reach out to the authors if you are interested in additional information.

CPW’s Shea Leitch and Kyle Dull to Speak at ACC South Florida’s 12th Annual CLE Conference

CPW’s David Oberly

CPW’s Kristin Bryan, a 2022 Law360 Privacy & Cybersecurity MVP as well as a featured subject matter expert for LexisNexis, Jesse Taylor and Shing Tse teamed up to co-author a chapter of the Lexis Practical Guidance titled “Privacy, Cybersecurity and Data Breach Litigation: Key Laws and Considerations. In this practice

Recently, eyewear brands that offer virtual try-on (“VTO”) tools—which allow website visitors to “try before they buy” while shopping online—have faced a barrage of class action lawsuits alleging violations of the Illinois Biometric Information Privacy Act (“BIPA”). Importantly, however, BIPA suits are not the only legal risks that continue to increase for eyewear retailers today,

In case you missed it, below are recent posts from Consumer Privacy World covering the latest developments on data privacy, security and innovation. Please reach out to the authors if you are interested in additional information.

FCC Reportedly Issues Letters of Inquiry Seeking Further Information on Wireless Providers Data Privacy Practices | Consumer Privacy World

In case you missed it, below are recent posts from Consumer Privacy World covering the latest developments on data privacy, security and innovation. Please reach out to the authors if you are interested in additional information.

Speaker Pelosi Expresses Concerns With Federal Privacy Bill’s Preemption Provision | Consumer Privacy World

The Cookie Crumbles – Lessons

On August 24, 2022, California Attorney General Rob Bonta issued a press release announcing the first public settlement by the Office of the Attorney General (OAG) involving alleged violations of the CCPA. The settlement involves a judicial judgment, civil penalties and ongoing monitoring and reporting. The use of noncompliance letters to cajole companies into compliance over many months now appears to be a closed chapter in the CCPA saga. Season 2 promises more drama, more action and more money. Entertaining unless you are the next target!

Continue Reading The Cookie Crumbles – Lessons from First California Consumer Privacy Act (CCPA) Monetary Settlement

The New York Department of Financial Services (“NYDFS”) recently posted a request for public comment on a set of proposed amendments to NYDFS’ current “Cybersecurity Requirements for Financial Services Companies” (“Regulations”).[1] The amendments to the Regulations (“Pre-Proposal Amendments”) are in the “pre-proposal” phase, meaning that the NYDFS will issue official proposed amendments in the near future. Once official proposed amendments are issued, a 60-day public comment period starts, which means that amended Regulations likely will take effect sometime in 2023. In the meantime, entities subject to the Regulations should review the Pre-Proposal Amendments to help ensure sufficient time and resources to implement new requirements.

As background, the Regulations became effective on March 1, 2017, but followed a phased implementation process. The Regulations apply to all entities licensed by the NYDFS (“covered entities”), including banks, insurance companies, money transmitters and other financial services firms doing business in New York. The last phase of the Regulations was implemented in March 2019, at which point the Regulations were fully effective.

Continue Reading The NYDFS Proposes Substantial Amendments to Cyber Regulations

Yesterday, in the District of Idaho, the Federal Trade Commission (“FTC”) filed a rare complaint seeking a permanent injunction against Kochava Inc. (“Kochava”), a company that, according to the FTC, is a “location data broker that provides its customers massive amounts of precise geolocation data collected from consumers’ mobile devices.” Case No. 22-cv-00377 (D. Idaho). Kochava itself this month had earlier commenced litigation against the FTC in a dramatic pushback after receiving a proposed injunction from the agency. This case is a must-watch going forward, given the FTC’s recent focus on data privacy and cybersecurity.  

The Complaint filed yesterday in federal court alleges that “Kochava has sold access to its data feeds on online data marketplaces that are publicly accessible.” Additionally, while “Kochava typically charges a monthly subscription fee of thousands of dollars to access its location data feed,” the FTC also alleges that the company “has also offered a free sample . . . [which is] publicly available with only minimal steps and no restrictions on usage.”  

Continue Reading FTC Sues Data Broker for Purportedly Selling Geolocation Information, Alleging “Unfair Sale of Sensitive Data”

In case you missed it, below are recent posts from Consumer Privacy World covering the latest developments on data privacy, security and innovation. Please reach out to the authors if you are interested in additional information.

FCC Gathers and Releases Information on Wireless Carrier Data Privacy Practices

TikTok Settlement Receives Final Court Approval

Federal Court