Caveat Vendor

Obama Chooses Ramirez for FTC Chair
President Obama will soon appoint Edith Ramirez as Chairman of the FTC. As most of our readers are likely aware, the FTC is charged with consumer protection and competition enforcement and has sought to enhance online and mobile privacy protection for consumers in recent years under the leadership of departing Chairman Jon Leibowitz. Ramirez has been an FTC commissioner since April 2010, and as such does not require Senate confirmation to assume the post of Chairman.
Supreme Court: Speculative Spying Not Enough for Standing
The Supreme Court ruled 5-4 this week that Amnesty International did not have standing to challenge 2008 FISA amendments that authorized surveillance on non-U.S. persons located outside of the United States. The ruling, which reversed a Second Circuit decision, will make it more difficult to challenge the surveillance provision without alleging that actual surveillance of one’s communications has taken place.
NAD Attempts To Deter Copy-Cat Class Actions
Loyal readers of our blog’s prior incarnation may recall that my colleague Lily Woodland and I previously wrote about a growing relationship between decisions issued by the nationally regarded, voluntary dispute resolution forum overseen by the Advertising Self-Regulatory Council – the National Advertising Division (“NAD”) – and subsequent “piggyback” consumer class actions.
CBR to Class Members: For Your Troubles, Credit Monitoring
In a follow-up to our earlier post on Cbr Systems Inc.’s settlement with the Federal Trade Commission over a data privacy breach, Cbr has reached a preliminary settlement with the data subjects whose information may have been compromised as a result of that breach.
Domino Effect? How A Ruling On The National Labor Relations Board Could Cripple The Consumer Financial Protection Bureau
A recent decision by the Court of Appeals for the D.C. Circuit has invalidated President Obama’s appointment of three members to the National Labor Relations Board (“NLRB”) and has once again called into question the constitutionality of the president’s appointment of Richard Cordray as Director of the Consumer Financial Protection Bureau (“CFPB”).
FTC: Data Security “Promise-Keeper”
If it wasn’t already clear, last week brought another reminder: the Federal Trade Commission believes a promise is a promise. A company that promises in its privacy policy that consumers’ personal information will be “treated securely” and that it will use its “best effort” to keep that information safe will be held to that promise if the FTC believes it has fallen short.
California Supreme Court Rules in Apple Inc. v. Superior Court That Online Retailers May Request Personal Identification Information From Purchasers of Electronic Downloads
Today is a day of bounty! I am pleased to post another of our client alerts. This one describes an important decision from the California Supreme Court on the applicability of that state’s Song-Beverly Act (limiting the ability of merchants to collect and retain personal information in credit card transactions) to online purchases of electronically downloadable products.
When Does A Game Become Gambling? The UK May Be Barking Up The Wrong Tree
Is there any reason one game – because it “looks” like a real gambling game – should be treated differently than another?
FTC Finds POM Not So Wonderful
In a much anticipated decision, the Federal Trade Commission issued a final order earlier this month in the long-running case against POM Wonderful LLC, Roll Global LLC, Stewart Resnick, Lynda Rae Resnick and Matthew Tupper (collectively, “POM”) regarding advertising for its pomegranate juice products, including POM Wonderful Juice, POMx Pills and POMx Liquid (the “POM Products”).
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