As the FTC signals an intention of cracking down on children’s privacy, and as several comprehensive consumer privacy laws take effect in 2023 (with more on the way in legislatures across the country), some states have chosen to tackle children’s privacy more specifically at the state level. So far, only California’s has been enacted
FTC
Business Privacy Law Lessons from Proposed Settlement with Twitter
The Department of Justice (“DOJ”), on behalf of the Federal Trade Commission (“FTC”), filed a complaint and motion for entry of a stipulated order with the Northern District of California, which would require Twitter to pay civil penalties and take other corrective actions for their violation of the FTC Act and a previous 2011 FTC…
FTC Adopts Policy Statement Regarding Increased Scrutiny of COPPA Violations Involving Children’s Privacy

On May 19, 2022, the Federal Trade Commission voted 5-0 to adopt a policy statement regarding increased scrutiny of the Children’s Online Privacy Protection Act (COPPA) violations involving education technology companies. The statement reaffirmed COPPA provisions around limiting educational technology’s collection, use, retention and security requirements for children’s data. The FTC stated:
“When Congress enacted …
Mortgage Analytics Company and FTC Agree to Settlement on Allegations Related to Third-Party Vendor Data Breach

Ascension Data & Analytics LLC, a data analytics company for the mortgage industry, has entered into a proposed settlement agreement with the Federal Trade Commission (FTC) following allegations that it violated the Gramm-Leach-Bliley Act’s (GLB) Safeguards Rule by failing to ensure that a third-party vendor was adequately securing data of mortgage holders. The FTC complaint …
House and Senate Democrats Introduce Public Health Emergency Privacy Act
Today, Senators Blumenthal (D-CT) and Mark Warner (D-VA) introduced the Public Health Emergency Privacy Act (“PHEPA”) into the Senate. A companion house bill was introduced by Reps. Anna Eshoo (D-CA), Jan Schakowsky (D-IL), and Suzan DelBene (D-WA), which was co-sponsored by Reps. Yvette Clarke (D-NY), G.K. Butterfield (D-NY), and Tony Cárdenas (D-CA). This and similar…
U.S. Senate Announces Introduction of COVID-19 Consumer Data Protection Act

On April 30, 2020, U.S. Sens. Roger Wicker (R-MS), chairman of the Senate Committee on Commerce, Science, and Transportation, John Thune (R-SD) chairman of the Subcommittee on Communications, Technology, Innovation, and the Internet, Jerry Moran (R-KS), chairman of the Subcommittee on Consumer Protection, Product Safety, Insurance and Data Security, and Marsha Blackburn (R-TN), announced plans…
FTC Issues Opinion and Final Order Against Cambridge Analytica
On December 6, 2019, the FTC issued an opinion finding that Cambridge Analytica, they had engaged in deceptive practices to collect personal information from several users of Facebook for purposes of voter profiling and targeting. In addition, the Commission found that Cambridge Analytica had engaged in deceptive practices regarding its participation in the EU-US Privacy…
Senate Democrats Introduce the Consumer Online Privacy Rights Act (COPRA)
Yesterday (November 26, 2019), a comprehensive federal privacy bill was introduced that would grant individuals broad rights with respect to their data, impose new obligations on data processors, and expand the Federal Trade Commission’s enforcement authority with respect to privacy, as well as allowing for state attorney general enforcement and individual rights of action. The…
Equifax Will Pay Minimum of $575 Million, up to $700 Million, in Settlement Over 2017 Data Breach
Today, the FTC announced that Equifax, Inc. will pay at least $575 million (and potentially up to $700 million) as part of a proposed global settlement with the Federal Trade Commission (FTC), the Consumer Financial Protection Bureau (CFPB), and 50 U.S. states and territories. Their complaint alleges that Equifax failed to take reasonable steps to…

Significant UK GDPR Penalties & Record FTC/Facebook Settlement Reveal Valuable Insight into Current Landscape of Privacy Governance and Compliance
This last week saw significant compliance and enforcement activity with respect to both GDPR and the FTC. Specifically, we saw two significant GDPR fines handed down by the UK Information Commissioner’s Office (ICO) against British Airways (approx. $230 million) and Marriott International (approx. $130 million). In addition, Facebook settled with the FTC for the largest…