Mar 15, 2019

FTC Imposes Record COPPA Fine

Children at computers: COPPA establishes basic online privacy protections for children under the age of 13

Continuing its aggressive approach to the enforcement of privacy law violations, the FTC last week imposed on, Inc., the operator of the popular TikTok app (formerly called, a record-setting fine of $5.7 million for the company’s violations of the Children’s Online Privacy Protection Act (“COPPA”). COPPA establishes basic online privacy protections for children… Read more

Jun 7, 2018

Is Inadequate Data Security an Unfair Trade Practice?

Doctor's Office: Inadequate Data Security?

In LabMD, Inc. v. Federal Trade Commission, Case No. 16-16270 (decided June 6, 2018) the United States Court of Appeals for the Eleventh Circuit addressed the enforcement of an FTC order finding that a business’s allegedly inadequate data security practices were unfair trade practices under Section 5(a) of the Federal Trade Commission Act. LabMD operated… Read more

Apr 23, 2015

FTC Tracking Company Settlement Highlights Importance of Keeping Privacy Promises

By Brett Lockwood It has long been the Federal Trade Commission’s (FTC) position that if you make a privacy promise to consumers you should expect to be held to that promise.  The FTC’s complaint and its proposed settlement, announced on April 23, 2015, with Nomi Technologies, Inc. (Nomi) highlights this. Nomi’s tracking applications allow retailers to… Read more

Apr 14, 2015

Can’t Just Phone In U.S.-E.U. Safe Harbor Compliance

Recent civil actions this month brought by the Federal Trade Commission (FTC) against two companies that allowed their certification under the U.S.-E.U. Safe Harbor Framework to lapse while still claiming to be compliant is a timely reminder that the Framework requires annual re-certification.  The FTC cited this lapse as a deceptive trade practice by each of… Read more

Apr 12, 2015

FTC Cautions on Use of Consumer Data Following Business Acquisitions

By Brett Lockwood The Federal Trade Commission (FTC) has long been aggressive in holding businesses accountable for the commitments made to consumers in online privacy policies.  Among the related issues that the FTC has revisited over the years is the validity of changing data use practices after a business acquisition or merger. As early as 2000 in the… Read more

Nov 26, 2012


On October 1, 2012 the Federal Trade Commission (“FTC”) published final guidelines for businesses that market their products as “green” or environmentally friendly. The guidelines are not rules, but they do set out the agency’s views of what type of environmental claims the agency might find deceptive under Section 5 of the Federal Trade Commission… Read more

Oct 11, 2010

FTC Releases Revised Green Guides

For the first time in 12 years, the Federal Trade Commission (“FTC”) has released an update on its “Green Guides” guidance for environmental marketing and claims. Originally released in 1992, and last updated in 1998, the Green Guides provide guidance for advertisers and marketers in the green space and warn against making broad claims, such… Read more