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FTC DNA Testing Privacy Investigation

In 2017, Senator Chuck Schumer urged the Federal Trade Commission to investigate DNA testing companies in an effort to ensure that data collection and use practices comply with applicable privacy laws, including those that prohibit the sale of information contained in DNA databases to third-parties without consent. Recent reports indicate that companies like 23andMe and […]

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California Bill Introduced That Would Further Restrict Commercial Email Advertising

An Assembly member recently introduced AB 2546, an author-sponsored bill that would amend California’s anti-SPAM legislation (CBPC § 17529.5).  The potential impact on the email marketing industry is profound. The bill expands California’s anti-SPAM law to provide that it is not only unlawful for any person or entity to “advertise in” a commercial email, but […]

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FTC Announces Campaign to Help Businesses Strengthen Cyber Defenses

The Federal Trade Commission has recently announced plans to launch a national education campaign to assist small businesses strengthen their cyber defenses and protect sensitive data that they store. As outlined in a new Staff Perspective report, the FTC will develop and distribute reader-friendly educational materials with information about cybersecurity that small businesses need.  The […]

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No TCPA Vicarious Liability Without Ratification

The Ninth Circuit has ruled that payday lenders and two marketing companies were not liable under the Telephone Consumer Protection Act by virtue of working with a lead generator that utilized automated dialing equipment to disseminate text messages. Here, the lender had separate agreements with a marketing company (LeadPile) that purchased/sold leads from a third-party […]

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FTC’s Data-Breach “Unfairness” Standard

  The FTC has showed no signs of slowing down when it comes to data breach investigations and enforcement actions. In doing so, the Commission utilizes concepts of “unfairness” and “deception.” Companies that tell consumers they will safeguard their personal information are forced to live up to those representations. To establish that a company’s practices […]

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Supplement Marketers Settle FTC Deceptive Advertising Charges

A health products company and its owner have agreed to settle charges by the Federal Trade Commission and the State of Maine that they deceived consumers with promises that their products could treat everything from arthritis to memory loss.  The proposed federal court order bars the defendants from engaging in a wide range of business […]

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Trump Picks Corporate Antitrust Lawyer to Lead FTC

President Trump has chosen Joseph J. Simons, an antitrust lawyer who has represented a number of tech companies, including Microsoft, to lead the Federal Trade Commission.  Other seats at the agency have also been filled, one of which by Rohit Chopra, a fellow at a consumer advocacy group. The nominations are expected to be approved […]

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