Federal Trade Commission (FTC)

In case you missed it, below are recent posts from 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.

Law360 Publishes “CFPB’s Hazy ‘Abuse’ Definition Creates Compliance Questions” Article by Keith Bradley and David Coats | Privacy World

Governor

In an effort to prevent deceptive conduct, the Consumer Financial Protection Bureau (CFPB) released Policy Statement on April 3rd, which, among other things, expands their definition of “abusive acts and practices.” As debates about how to comply with the CFPB’s new policy statement circulate, Keith Bradley and David Coats take to Law360 to

The Federal Trade Commission’s (FTC) Notice of Proposed Rulemaking, Negative Option Rule (“Rule”), which proposes to substantially amend the existing Negative Option Rule and set higher standards for autorenewal promotions and sales than under existing federal or state laws and regulations, was published in the Federal Register on April 21, 2023, setting the clock ticking

We are pleased to announce that SPB’s Kristin Bryan will be speaking at the upcoming Cybersecurity & Privacy Protection Conference on Thursday, April 20 at 8:15 a.m. EDT. Kristin will be joined by the Regional Director from the Federal Trade Commission and a staff attorney from the Securities and Exchange Commission. This live event will

In case you missed it, below are recent posts from 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.

Data Retention and Minimization, The Elephant in the Room | Privacy World

Orders to Progress Complaints – No Backdoor Appeal

Last week, the Federal Trade Commission (FTC) released its Notice of Proposed Rulemaking, Negative Option Rule (“Rule”), which proposes to substantially amend the existing Negative Option Rule and set higher standards for autorenewal promotions and sales than under existing federal or state laws and regulations.  If promulgated, the revised Rule will apply to many more businesses and scenarios than are currently subject to autorenewal regulation. Once the proposed Rule is published in the Federal Register, which will be shortly, interested parties have 60 days after the date of publication to comment on the proposed Rule, which  covers all forms of so-called “negative option” marketing and sales in all media, including negative options sold in a business-to-business (B2B) context (think about autorenewal terms in business services contracts), for month-to-month auto-renewing terms (think about “no contract” cell, Internet, media or entertainment services, and even auto-renewing monthly residential and commercial real estate tenancies) and for both the sale of goods and services. Other notable additions include enhanced disclosure, consent, and cancellation requirements, as well as a powerful misrepresentation prohibition and annual reminders.
Continue Reading UNSUBSCRIBED! — FTC Proposes Substantial Amendments to the Negative Option Rule to Cover all Autorenewals, including B2B Services, and Add New Disclosure, Consent, and Cancellation Requirements

Earlier this month, the Consumer Financial Protection Bureau (the “CFPB”) and Federal Trade Commission (the “FTC”) announced that they had issued a request for information (“RFI”) seeking public comment on “background screening issues affecting individuals who seek rental housing in the United States, including how the use of criminal and eviction records and algorithms affect tenant screening decisions and may be driving discriminatory outcomes.”  The deadline for submitting comments in response to the RFI is May 30, 2023.
Continue Reading CFPB and FTC to Scrutinize Tenant Screening Practices

In case you missed it, below are recent posts from 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.

To Benefit from Insurance Coverage in France Businesses Must File a Complaint Within 72 Hours of a Cyberattack | Privacy

In case you missed it, below are recent posts from 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.

SPB’s David Oberly Analyzes the Wide Scope of Third-Party Vendor BIPA Class Action Liability Exposure in Biometric Update | Privacy

Some would say that Commissioner Christine Wilson foreshadowed her resignation in her recent GoodRx concurrence. Indeed, Commissioner Wilson has been vocal in recent months about some of her concerns with how the FTC is doing business. Much of her criticism came after the Supreme Court’s AMG Capital Management, LLC v. FTC decision, which stripped the FTC of certain powers. Of course Privacy World has kept you in the know with how the FTC reacted to AMG HERE, HERE, and HERE. Much of the FTC’s reactions center on increasing rulemaking efforts, especially as the rulemaking impacts privacy and advertising programs, while also escalating its enforcement actions. Recently, the U.S. Chamber sent an open letter to Congress requesting more congressional oversight of the FTC in light of Commissioner Wilson’s resignation. Here are three points from the U.S. Chamber’s open letter that reflect what Commissioner Wilson’s resignation may mean for Congress and the FTC over the coming year:
Continue Reading What Commissioner Wilson’s Resignation Means for the Year Ahead