Draft Bi-Partisan Federal Privacy Bill Released

House Energy & Commerce Committee Chairman Frank Pallone (D-NJ), along with Rep. Cathy McMorris Rodgers (R-WA) the ranking Republican on the Committee, and Senator Roger Wicker (R-MS) who is the ranking Republican on the Senate Commerce Committee, released a discussion draft of the American Data Privacy and Protection Act which is a comprehensive national data…

Fashion Nova Pays $4.2M for Suppressing Negative Reviews

Fashion Nova, an online fashion retailer, agreed to pay $4.2 million as part of a consent decree with the Federal Trade Commission (“FTC”) in which it will be prohibited from suppressing customer reviews of its products. The FTC alleged in a complaint that Fashion Nova misrepresented that the product reviews on its website reflected the views of…

FTC Not Backing Down in Facebook Antitrust Lawsuit

In December 2020, the Trump Federal Trade Commission filed an antitrust complaint (Case No. 1:20-cv-03590, D.D.C.) against Facebook which came [f]ollowing a lengthy investigation in cooperation with a coalition of attorneys general of 46 states, the District of Columbia, and Guam, the complaint alleges that Facebook has engaged in a systematic strategy—including its 2012 acquisition…

FTC Announces Spike in Coronavirus Fraud, Suit Against Bogus SBA Lender

The FTC announced that its coronavirus-related fraud complaints have doubled in the last week to 7,800. The top categories of coronavirus-related fraud complaints include travel and vacation related reports about cancellations and refunds, reports about problems with online shopping, mobile texting scams, and government and business imposter scams. In fraud complaints that mentioned the coronavirus,…

FTC Instructions re "If a brand pays you or gives you free stuff tell people about that relationship"

FTC Releases Disclosure Guide for Influencers

The Federal Trade Commission has released a new publication for online influencers that lays out the agency’s rules of the road for when and how influencers must disclose sponsorships to their followers. The new guide, “Disclosures 101 for Social Media Influencers,” provides influencers with tips from FTC staff about what triggers the need for a disclosure…

Cybersecurity Basics

FTC Releases Cybersecurity Basics Fact Sheets

The Federal Trade Commission has released a series of fact sheets and an introductory video on cybersecurity basics. The factsheets begin with the NIST Cybersecurity Framework which gives businesses an outline of best practices to help decide where to focus time and money for cybersecurity protection. Other topics covered are: Cybersecurity begins with strong physical security Ransomware Phishing…

Judge Gerald Tjoflat

Did the 11th Circuit Just Disarm the Nation’s Cybersecurity Cop?

Over the years, the Federal Trade Commission has emerged as the de facto traffic cop in addressing cybersecurity breaches.  Two recent cases sought to challenge the FTC’s authority in this area. The first was Wyndham Worldwide Corporation which challenged the FTC’s authority over data security only to have the Third Circuit affirm’s the FTC’s authority. The…