Class Dismissed

March 22, 2022 - Privacy, FTC, Class Action
Deleting the Data: A Future Trend in Data Privacy Settlements?
By: David J. Fioccola, Jessica Kaufman, Adam J. Hunt and Sophie Barnett
Meta recently agreed to settle one of the longest-running data privacy lawsuits in the United States. [1] The lawsuit challenged the company’s use of cookies to track users, including after they have logged out of their Facebook accounts. The significance of In re Facebook
... ›
January 13, 2022 - Privacy, Consumer Products, FTC
Forgot to Cancel? Pay Attention to Recent Auto-Renewal Law Changes
By: Julie O'Neill
As subscription models have gained exponential traction, legislatures are clamoring to ensure that their auto-renewal laws keep up with novel consumer protection issues. Several states have introduced or revised their auto-renewal laws, and the Federal Trade Commission has affirmed its commitment to enforce against
... ›
May 14, 2021 - Privacy, Appellate & Supreme Court, FTC
FTC & Privacy: Will the FTC's Rulemaking Push Result in New Privacy Rules?
By: Julie O'Neill
The Federal Trade Commission (FTC) is laying the groundwork to test the scope of its rulemaking authority. On March 25, 2021, FTC Acting Chairwoman Rebecca Slaughter (D) formed a group within the agency’s Office of the General Counsel to centralize FTC rulemakings. In announcing
... ›
April 30, 2021 - Appellate & Supreme Court, FTC, Antitrust, Class Action
AMG Capital v. FTC – SCOTUS Strips the FTC of a Critical Enforcement Tool
By: Bonnie Lau, Megan E. Gerking, David J. Fioccola, Adam J. Hunt and Michael G. Ahern
In a unanimous decision reversing the Ninth Circuit, the Supreme Court in AMG Capital v. FTC ended a federal circuit split and squarely held that the FTC lacks authority to pursue equitable monetary relief in federal court under Section 13(b) of the Federal Trade
... ›
September 15, 2020 - False Advertising, NAD, Consumer Products, FTC, Class Action
Advertising Checklist for In-House Counsel
By: Penelope A. Preovolos and Claudia M. Vetesi
Along with making their advertising materials eye-catching and influential, consumer‑facing companies need to ensure that their representations about products and services comply with advertising laws. This article discusses basic advertising law, some things to avoid and some things to do. Although every state has
... ›
July 16, 2020 - Appellate & Supreme Court, FTC
U.S. Supreme Court’s Decision to Review a Pair of FTCA Cases Could Spell a Sea Change in FTC’s Enforcement Authority
By: Jessica Kaufman, Julie O'Neill and Lena H. Hughes
The 1914 Federal Trade Commission Act (FTCA) created the Federal Trade Commission (FTC or “the Commission”) and empowered it to prevent, and provide redress to consumers affected by, unfair methods of competition and unfair or deceptive acts or practices in or affecting commerce. In 1973,
... ›
May 06, 2019 - Internet of Things, FTC
Bad Influence: Complying with FTC’s Endorsement Guide
By: Claudia M. Vetesi
Today’s online celebrities—both verified and aspiring—can now become product sponsors with the help of a social-media account, a picture-perfect aesthetic, and several hundred thousand followers. The influencer marketing industry is a multibillion-dollar industry according to some industry reports stating it is projected to generate
... ›
April 02, 2019 - Privacy, FTC
FTC Releases 2018 Privacy and Data Security Update Report
By: Julie O'Neill
With privacy and data security issues dominating headlines over the past year, the Federal Trade Commission – the Nation’s top privacy watchdog – has had its hands full. The FTC’s recently released 2018 “Privacy and Data Security Update” reflects this flurry of activity. The report provides
... ›
March 05, 2019 - Privacy, FTC
Thank You, Next Enforcement: Music Video App Violates COPPA, Will Pay $5.7 Million
By: Julie O'Neill
The cost for violating the Children’s Online Privacy Protection Act (COPPA) has been steadily rising, and companies subject to the law should take heed. Last week, the Federal Trade Commission (FTC) announced a record-setting $5.7 million settlement with the mobile app company Musical.ly for
... ›
June 19, 2018 - Privacy, FTC
Don’t Forget to Hit “Delete”: FTC Blog Post Clarifies COPPA Information Deletion Requirement
By: Julie O'Neill
Most companies are familiar with the Children’s Online Privacy Protection Act (COPPA) and its requirement to obtain parental consent before collecting personal information online from children under 13. Yet COPPA also includes an information deletion requirement of which companies may be unaware. On May
... ›