Litigation

In a decision with potential implications for privacy and data security cases as well as those arising out of the FTC’s Bureau of Competition, the Commission last week dismissed all but one of the antitrust...

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Data breaches are continuing to make headlines. Nearly every state has a data breach notification statute, and many of these statutes require companies to notify affected individuals without unreasonable delay. Previously, little guidance existed on...

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The Federal Trade Commission has secured a stipulated judgment against a marketer who allegedly sent millions of deceptive text messages. The enforcement action is notable for the FTC’s suggestion that sending text messages without consent...

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In a case that fundamentally challenges the Federal Trade Commission’s ability to regulate data security, the Commission has denied a motion to dismiss its own complaint against a cancer-detection laboratory LabMD for alleged data security...

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  On January 21, Hulu filed a brief in its ongoing Video Privacy Protection Act (“VPPA”) litigation arguing that anonymous “user numbers” are not personally identifiable information (“PII”) subject to the VPPA.  If such numbers...

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It is common for practitioners seeking insight into the Federal Trade Commission’s priorities to read the remarks of FTC Commissioners like tea leaves, or to follow their statements like an installment of Downton Abbey or...

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In a recent settlement, the Federal Trade Commission (“FTC”) signaled to companies maintaining sensitive medical or financial information about consumers that they must carefully manage employees’ access to and stewardship of such data when held...

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Last week, the New Jersey Attorney General announced it had entered into a settlement with Dataium, a Tennessee-based data analytics company that primarily serves the auto industry.  The settlement, by administrative Consent Order, concerns Dataium’s analytics services,...

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Documents filed this week in the U.S. District Court for the Southern District of Florida reveal that a Florida mall developer and its mobile marketing service provider have agreed to pay $6,500,000 to settle claims...

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In an important decision for fantasy sports sites, the United States District Court for the Northern District of Illinois ruled today (October 9, 2013) that a suit brought under Illinois’ Loss Recovery Act against FanDuel...

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