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Financial institutions collect personal information from customers every day, from names and addresses to bank account and Social Security numbers. The Gramm-Leach-Bliley Act’s Safeguards Rule requires those institutions to develop, implement, and maintain a comprehensive information security program. As part of its regulatory review process, the FTC has proposed changes to the Rule. Join us on July 13, 2020, for Information Security and...

PrivacyCon is going virtual this year. As the just-released agenda for the fifth annual Gathering of the Gurus demonstrates, you’ll want to mark July 21, 2020, on your calendar and watch the webcast for thought-provoking research into topics related to consumer privacy and data security. FTC Bureau of Consumer Protection Director Andrew Smith will convene PrivacyCon at 9:00 AM Eastern Time. Session #1 will explore privacy and security issues...

Online shopping has been a lifeline for many people hunkering down to help reduce the spread of COVID-19. But as online orders have increased, so too have reports to the FTC’s Consumer Sentinel Network about sellers failing to deliver on promises — or just failing to deliver, period. During April and May of 2020, more people reported problems with online shopping than in any other months on record. More than half said they never got the items...

The FTC’s administrative litigation against NTT Global Data Centers Americas, Inc., just ended with a proposed settlement – and an important compliance message for companies that claim participation in the EU-U.S. Privacy Shield framework. Administered by the U.S. Department of Commerce, the Privacy Shield Framework enables companies to lawfully transfer consumer data from countries in the European Union to the United States. Participation is...

For consumers struggling with severe or chronic pain, ads for a product called Willow Curve appeared to offer light at the end of the tunnel. But the FTC alleges the marketers made false and unsubstantiated claims for the product, a device that applied low-level light and mild heat to the site of pain – and set people back between $599 and $799 in the process. The proposed settlement also sheds light on the FTC’s ongoing concern with deceptive...

In the face of COVID-19, many small businesses are looking for help from the CARES Act’s Paycheck Protection Program. They may apply for PPP loans through Small Business Administration-authorized lenders and others the SBA has determined to be eligible. But there are concerns that some companies have falsely claimed an affiliation with the SBA or approved PPP lenders, or have represented untruthfully that people can get PPP or other SBA loans by...

We asked you to review and comment on the Contact Lens Rule and you responded. Thousands of you sent comments, and some included surveys, studies, and analyses. After extensive review and consideration of those public comments, as well as the information generated at the 2018 FTC workshop, The Contact Lens Rule and the Evolving Contact Lens Marketplace, the agency has updated the Rule. The Rule changes go into effect 60 days after publication in...

FTC rules can have a substantial impact on businesses and on the everyday lives of consumers. As part of its ongoing review of existing rules, the FTC periodically seeks your input on whether a particular one still performs its desired function or if it’s been overtaken by changes in technology or the marketplace. Next in the review queue is a rule that’s been around for almost 50 years and the FTC is asking if it should be repealed. It’s the...

If your clients are interested in Made in USA issues – and you know they are – there are two developments at the FTC they need to know about. First, the FTC just announced a Notice of Proposed Rulemaking for a Made in USA Labeling Rule. You’ll want to read the notice in detail, but the proposed Rule would apply to labels on products that make unqualified Made in USA claims. (In FTC parlance, an “unqualified” claim is a broad representation made...

During this pandemic, preserving public health has, rightly, been our nation’s top concern. But a lively debate has arisen during this time about whether that top priority necessarily means that other values – such as privacy – need to give way. If tracking people’s location will facilitate contact tracing and enforcement of shelter-in-place mandates, do we give governments and commercial partners carte blanche to track our whereabouts? Will...