The Fine Print

Operators of a negative option scam recently settled FTC charges for offering “risk-free” trials and then charging full price for the trial product and enrolling consumers in a continuous subscription without obtaining consent. The defendants are required to pay over $9 million in consumer refunds.

The FTC recently brought action against two companies for including non-disparagement provisions that bar or impose financial penalties on consumers for writing negative reviews in their form contracts, without a meaningful opportunity for consumers to negotiate such terms.

Data protection authorities in the UK and France have released updated guidance for website operators that use cookies on their websites.

Headlines that matter for privacy and data security.

The Federal Trade Commission (FTC) recently released updated data security guidance in connection with a proposed settlement with LightYear Dealer Technologies, LLC (dba DealerBuilt), a service provider for the auto dealer industry.

Behind the Screens: Headlines that matter for privacy and data security

The US Copyright Office recently considered a federal right of publicity law which, if enacted, would help to create a rule that can be applied more uniformly to alleged infringements.

The Federal Trade Commission recently announced that it will renew efforts to investigate and police companies that use misleading advertising to sell legitimate products and services.

The FTC recently filed claims against Douglas Monahan for operating four crowdfunding schemes in which consumers were told their contributions were going towards the development of high-tech backpacks and bags.

In addition to monetary harm, the Federal Trade Commission (FTC) recently reiterated the fact that nonmonetary injuries resulting from privacy and data security violations are likely to attract its attention.

The California Senate appropriations committee recently blocked a bill that would have significantly strengthened consumer rights under the California Consumer Privacy Act of 2018 (CCPA).

The Federal Trade Commission (FTC) is showing no signs of backing off its aggressive enforcement of online negative option offers after filing a federal lawsuit against eight commonly-controlled companies that sell skin care products.

The Federal Trade Commission (FTC) recently announced that it has settled charges against a company called UrthBox, Inc., that allegedly promoted misleading consumer reviews and that failed to disclose key terms of its  “free trial” offers.

The Federal Trade Commission recently announced the launch of the Technology Task Force, which has been designed to monitor, investigate, and take enforcement actions against anti-competitive conduct and industry practices in US technology markets.

It’s been 10 months since the California Consumer Privacy Act of 2018 (CCPA) was signed into law, and the retail sector is grappling with ways to comply. The law goes into effect January 1, 2020, but the time to prepare is now.

The governor of Utah recently signed legislation requiring state and local law enforcement agencies to secure a search warrant from a judge before obtaining anyone’s electronic data.

As of April 10, 2019, businesses victimized by data breaches must comply with heightened requirements under the newly-amended Massachusetts data breach notification law, Mass. Gen. Laws Ch. 93H, §§ 1, et seq. 

The US Federal Trade Commission announced recently that it will hold a public workshop on August 7, 2019, to examine consumer protection issues related to video game “loot boxes.”

“Level Up” with Arent Fox as we address the latest legal challenges at play in esports and innovative gaming and how businesses can remain competitive in an advancing industry.

Headlines that matter for privacy and data security.

After a two year transitional period, Section 500.11 of the New York State Department of Financial Services’ Cybersecurity Regulation, which addresses third-party security, is in force as of March 1, 2019.

New York-based company Cure Encapsulations, Inc. and its owner Naftula Jacobowitz, settled Federal Trade Commission charges that the company paid a third-party website to write and post fake reviews for a weight-loss supplement on an independent retail website and made false and unsubstantiated clai

The European Union has agreed to new rules that will require online platforms, such as Google and YouTube, to compensate creators for the online dissemination of their copyrighted works.

Headlines that matter for privacy and data security

As part of its initiative to ensure consumer protection rules are up-to-date with economic and technological advances, the Federal Trade Commission recently completed its first review of the CAN-SPAM Rule, and ultimately voted to keep the Rule in place without making any changes.