As we previewed in our prior Legal Update, the Federal Trade Commission (“FTC”) warned businesses of its stance on the use and collection of biometric information in a May 2023 policy statement. Now, an enforcement action filed earlier this week offers insight into the potential consequences for businesses that do not comply with the
Federal Trade Commission (FTC)
Federal Trade Commission Proposes Rule Changes to Address Children’s Online Privacy
By Howard W. Waltzman & Mickey Leibner on
Posted in Regulation, United States
On December 20, 2023, the Federal Trade Commission (“FTC”) issued a Notice of Proposed Rulemaking (“NPRM”) that would make significant changes to the Children’s Online Privacy Protection Rule (“COPPA Rule”), which implements the Children’s Online Privacy Protection Act of 1998 (“COPPA”). The proposed rule would make a number of changes intended to expand the COPPA…
Federal Trade Commission Issues Policy Statement on Biometric Information
Posted in Regulation, United States
On May 18, 2023, the Federal Trade Commission (“FTC”) issued a policy statement warning companies of the ways that collecting and using biometric information, or using biometric information technologies, might amount to an unfair or deceptive practice in violation of Section 5 of the FTC Act.
The policy statement identified several potentially deceptive practices: false…
US FTC, DOJ, EEOC, and CFPB Release Joint Statement on AI, Discrimination and Bias
On April 25, 2023, the Federal Trade Commission (FTC), Department of Justice Civil Rights Division (DOJ), Equal Employment Opportunity Commission (EEOC), and the Consumer Financial Protection Bureau (CFPB) issued a joint statement (Joint Statement) that each of them is now, and will be, looking at possible discrimination involving AI systems and other automated processes.
The…
Cybersecurity Examination Guidance for Nonbank Financial Services Companies
By Jeffrey P. Taft & Julyana Dawson on
Cybersecurity has become one of the biggest risks facing the financial services industry, and there have been extensive guidance and initiatives from US banking regulators to help ensure the safety of the institutions and the banking system. Some of the more recent regulatory requirements and other developments will have a significant impact on nonbank financial…
US FTC Moves Forward on Privacy Rulemaking with Public Forum
On September 8, 2022, the Federal Trade Commission (FTC) held a virtual public forum on the agency’s release last month of an Advance Notice of Proposed Rulemaking (ANPR) to regulate the protection of consumers’ privacy and data security, which we covered in a prior Legal Update. In addition to allowing the public the opportunity…
US FTC Launches Rulemaking on Commercial Surveillance and Data Security Practices
On August 11, 2022, the Federal Trade Commission (FTC) voted 3-2 on partisan lines to file an Advance Notice of Proposed Rulemaking (ANPR) that would regulate the protection of consumers’ privacy and data security in a rulemaking titled “Trade Regulation Rule on Commercial Surveillance and Data Security.”
The release of this ANPR—in the midst of…
US FTC to “Crack Down” on EdTech’s Use of Children’s Data
On May 19, 2022, the Federal Trade Commission (FTC) unanimously approved a policy statement on education technology (EdTech) and the Children’s Online Privacy Protection Act (COPPA). Characterized as part of a larger effort to “crack down on companies that illegally surveil children learning online,” the policy statement itself merely highlights pre-existing obligations under…
US Senate Confirms 5th FTC Commissioner – Now What?
On May 11, 2022, the Senate confirmed President Biden’s appointment of Alvaro Bedoya to fill the vacant Democratic seat on the Federal Trade Commission (FTC). Commissioner Bedoya’s confirmation gives the Democratic commissioners a voting majority on the Commission, and we expect the FTC will pursue actions previewed by Chair Lina Khan. In this Legal Update,…
Data Privacy and Cybersecurity Issues in M&A Transactions
By Stephen Lilley on
Mayer Brown partners Christian Fabian, Stephen Lilley and Lei Shen, located in the United States, focus on data privacy and cybersecurity issues in M&A transactions.