Two important settlements involving alleged violations of the Children’s Online Privacy Protection Act (COPPA) were announced in December 2021. Actions by both federal and state regulators reinforce that COPPA remains on the regulatory radar screen, particularly when it comes to
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The State of State Privacy Laws: A Comparison
In the absence of a comprehensive U.S. federal privacy law, three states – California, Virginia, and Colorado – have enacted comprehensive privacy laws as of this year. The California Consumer Privacy Act (CCPA) is in effect now, and the California…
FTC Takes Aim at Negative Option Marketing with New Enforcement Policy Statement
“Dark patterns” – user interfaces that are designed, intentionally or unintentionally, to influence user decision making – have been increasingly on the Federal Trade Commission’s (FTC or Commission) radar. As we previously reported, the FTC held a workshop earlier…
Another New Face at CPSC as Trumka Confirmed
Richard Trumka, Jr., nominated by President Biden for a seat on the U.S. Consumer Product Safety Commission (CPSC), was confirmed Tuesday evening, November 16, 2021, by a unanimous voice vote in the Senate. When he takes his oath of office,…
California Privacy Protection Agency Seeks Comments on New CCPA Regulations
The newly established California Privacy Protection Agency (the Agency) is soliciting public comments on a number of issues, as required by the California Privacy Rights Act (CPRA) that was passed by ballot initiative in November 2020. CPRA expands the rights…
FTC Resurrects Penalty Offense Authority as Possible Civil Penalty Vehicle
Following the U.S. Supreme Court’s April 22, 2021 decision in AMG Capital Management, LLC v. Federal Trade Commission, which put the brakes on the ability of the Federal Trade Commission (FTC or Commission) to use its Section 13(b) authority…
California Governor Newsom Signs Laws Affecting Environmental Marketing Claims
CPSC Has a New Chair
Alexander Hoehn-Saric, nominated by President Biden for both a seat on the U.S. Consumer Product Safety Commission (CPSC) and the chairmanship of that body, was confirmed late Thursday night by a unanimous voice vote. When he takes his oath of…
CPSC May Have a Fiscal Year 2022 Operating Plan – but not Without Controversy
The U.S. Consumer Product Safety Commission (CPSC) has approved its Operating Plan (Op Plan) for the 2022 Fiscal Year (FY 22) that begins October 1, 2021, according to a joint statement from its two Republican members, Dana Baiocco and Peter…
NIST Lays Out Cybersecurity Guidance for Non-Technical Supporting Capabilities Related to IoT Devices
With millions of Internet of Things (IoT) devices from phones to smart home censors flooding the market every year, effective cybersecurity to help mitigate risks to devices is vital. New guidance from The National Institute of Standards and Technology (NIST),…