Recent Posts

Prominence, presentation, placement, and proximity. The FTC encourages companies engaged in advertising or information collection to adopt these “4 Ps” to ensure compliance with their “clear and conspicuous” standard. While FTC enforcement actions and guides are available to anyone who would like to better understand this standard, a select few have actually studied how effective...

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The Supreme Court issued a final order declining to block a subpoena issued by the U.S. Senate Permanent Subcommittee on Investigations (“Subcommittee”) to the classified advertisement website The subpoena dates back to October 2015, and seeks the production of documents relating to Backpage’s procedures for moderating advertisements and user accounts. Last week, Chief Justice...

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As part of its Fall Technology series, the FTC hosted a public workshop on the growing threat of ransomware. Ransomware is a type of malware that infects computers and prevents or limits users from accessing their systems until the user pays a ransom. The system impediments deployed by ransomware can include locking the system’s screen,...

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FTC Calls for Comments on Safeguards Rule

Aug 30, 2016 by Marci Rozen

The FTC has issued a notice calling for comments on Standards for Safeguarding Customer Information, also known as the “Safeguards Rule.” The review of the Safeguards Rule, which took effect in 2003, is part of the FTC’s systemic, once-per-decade review of all FTC rules and guides. As background, the Safeguards Rule implements Section 501(b) of...

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LabMD Final Order

FTC Reinstitutes LabMD Order

Aug 9, 2016 by Keir Lamont

The FTC has entered its Opinion and Final Order in its ongoing campaign to take enforcement action against LabMD. The Commission alleges that in 2008 the former clinical laboratory unreasonably exposed the sensitive medical information of 9,300 consumers over a peer-to-peer file sharing network. Our last report on this protracted legal and jurisdictional struggle came...

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Trump Recurring Donations

Do Trump’s Automatically Recurring Donations Violate the Law?

Aug 8, 2016 by Jake Sommer and Zach Lerner

Donald Trump is no longer dependent on hat and t-shirt sales to fund his presidential campaign. Instead, Trump and the Republican National Committee are employing more traditional fundraising techniques, raising $64 million in July through online and mail-in donations. These totals will likely continue to increase, in part because many of Trump’s donors agreed to...

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