Recent Posts

A group of five senators, led by Senators Wyden and Paul, have introduced legislation to prevent changes to the Federal Rules of Criminal Procedure from taking effect. The one-page Stopping Mass Hacking (SMH) Act (released along with a brief summary) states that the proposed amendments to FRCP Rule 41, which the Supreme Court approved, “shall...

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Lord and Taylor Settlement

Lord & Taylor Settles with the FTC over Native Ads

May 23, 2016 by Melissa Maalouf

The FTC approved a final consent order against clothing store Lord & Taylor (“L&T”), following allegations that it failed to disclose paid online native advertising and endorsements for its Design Lab product roll out. The FTC alleged in its complaint that L&T deceived consumers by placing what appeared to be an objective news article about...

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FTC Power

First Circuit Clarifies FTC’s Powers

May 18, 2016 by Anna Hsia

Clients often ask what the FTC can force a company to do after alleged violations of Section 5 of the FTC Act, which prohibits unfair or deceptive practices. In the FTC’s long-standing battle with Jerk.com, a First Circuit decision provides insight into the scope of the FTC’s enforcement powers. At issue was the Jerk.com website,...

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Can a person sue a company for a technical violation of a statutory right that does not cause actual concrete injury? This question has significant ramifications, as Article III’s standing requirements affect the viability of claims under a broad range of statutes containing automatic statutory damages penalties, including the Fair Credit Reporting Act, Telephone Consumer...

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The FTC and State AGs have been very active in the privacy, security, and advertising space. Despite your compliance efforts, the day may come when you receive a letter from the FTC or a State Attorney General’s office initiating an inquiry into your business. Even if you feel confident about the facts relating to the...

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Without mentioning, much less examining, the inconsistent outcomes and rationales of numerous other courts to have confronted the issue (see here here and here for our analysis of some of those decisions), the Sixth Circuit held that the government may obtain historical Cell Site Location Information (“CSLI”) without a showing of probable cause. In United...

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