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Addressing Dark Patterns in Online Marketing

April 26, 2021

The Federal Trade Commission (FTC) has released the final agenda for its first workshop on the use of “dark patterns” online, Bringing Dark Patterns to Light: An FTC Workshop, which will be held virtually on April 29, 2021. The workshop will explore how to define “dark patterns,” their prevalence, possible harms (including to vulnerable groups) and potential solutions, among other things. The agency is also soliciting comments on relevant issues (see our earlier post…

Consumer Protection Connection

Here’s What’s in the Latest Round of CCPA Regulations

By Sheila A. Millar & Tracy P. Marshall

April 2, 2021

The long trudge towards final regulations implementing the California Consumer Privacy Act (CCPA) continues. In December of last year, the California Attorney General issued a fourth set of proposed regulations. These additions were approved by the California Office of Administrative Law (OAL) on March 15, 2021 and took effect immediately. Here are the key changes businesses should know about. New “Do Not Sell” Icon The new regulations offer a voluntary opt-out icon that may…

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Virginia Becomes Second State to Pass Comprehensive Privacy Law

By Sheila A. Millar & Tracy P. Marshall

March 11, 2021

As Congress remains locked in a stalemate over the terms of a comprehensive federal privacy law, states continue to forge ahead. Following California, Virginia is the second U.S. state to enact its own comprehensive privacy law governing the collection and use of personal data. Governor Ralph Northam signed the Virginia Consumer Data Protection Act (CDPA) into law on March 2, 2021. The CDPA applies to businesses that operate in Virginia or produce products or services…

Consumer Protection Connection

FTC Orders E-Cigarette Manufacturers to Provide Advertising and Sales Information

By Sheila A. Millar & Tracy P. Marshall

March 3, 2021

The Federal Trade Commission (FTC) has issued orders to five e-cigarette manufacturers (JUUL Labs, Inc., R.J. Reynolds Vapor Company, Fontem US, LLC, Logic Technology Development LLC, and NJOY, LLC) seeking information about the companies’ 2019 and 2020 sales, advertising, and promotions. The FTC sent similar orders to the same companies in October 2019 seeking information for prior years as part of an ongoing FTC study of the rapidly expanding U.S. e-cigarette market. The new compulsory…

Consumer Protection Connection

FTC Announces Workshop to Explore Internet “Dark Patterns”

By Sheila A. Millar & Tracy P. Marshall

February 26, 2021

On April 29, 2021, the Federal Trade Commission (FTC) will host a virtual public workshop to examine the nature and effects of “dark patterns” on online user behavior. “Bringing Dark Patterns to Light: An FTC Workshop” is expected to explore ways in which user interfaces can have the effect, intentionally or unintentionally, of obscuring, subverting, or impairing consumer autonomy, decision-making, or choice. Topics include: How dark patterns differ from sales tactics employed by brick-and-mortar stores…

Consumer Protection Connection

FTC Settles Facial Recognition Data Misuse Allegations with App Developer

By Sheila A. Millar & Tracy P. Marshall

February 17, 2021

The proliferation of mobile devices and digital media allows consumers to take, post, and store more photos and videos than ever before. Since 2015, app developer Everalbum has operated the mobile app, Ever, which offers a means for users to store photos and videos on the company’s cloud servers. Everalbum told users they could deactivate their accounts at any time and the company would delete their images. According to a complaint from the Federal Trade…

Consumer Protection Connection

CPSC Staff to Hold Webinar on AI in Consumer Products

By Sheila A. Millar

January 28, 2021

Artificial Intelligence (AI), Machine Learning (ML), and related technologies have the potential to dramatically change the nature of consumer products, and a variety of agencies are considering the implications of these technologies. The Consumer Product Safety Commission (CPSC) staff has announced plans to hold a public webinar on Tuesday, March 2, 2021, from 9am to 4pm, Eastern Standard Time (EST) to discuss the ramifications of AI and related technologies on consumer products from a consumer…

Consumer Protection Connection

Mobile Ad Company Settles FTC Charges Over Misleading In-Game Rewards

By Sheila A. Millar & Tracy P. Marshall

January 26, 2021

Tapjoy, Inc., the operator of a mobile advertising platform that appears in certain mobile gaming applications, has settled Federal Trade Commission (FTC) allegations that the company deceived consumers by failing to provide them with promised rewards. Tapjoy’s platform allows mobile app users to interact with third-party advertisers and gain rewards, such as virtual currency, for completing certain tasks. In some cases, consumers pay real money and divulge personal information to earn the rewards. In its…

Consumer Protection Connection

FTC Approves Final Amendments to Energy Labeling Rule for Portable ACs

By Sheila A. Millar & Jean-Cyril Walker

January 11, 2021

On December 22, 2020, the Federal Trade Commission’s (FTC) announced adoption of a final rule requiring the use of the EnergyGuide labels on portable air conditioners (ACs). Effective October 1, 2022, portable AC manufacturers must attach yellow EnergyGuide labels on the principal display panel of their packaging and include an image of the required label on websites and catalogs advertising the product. The FTC initially proposed that the labeling requirement would go into effect on…

Consumer Protection Connection

Data Analytics Company Settles with FTC Over Alleged Data Security Violations

By Sheila A. Millar & Tracy P. Marshall

January 6, 2021

Third-party service providers are vital to many companies and they handle a wide range of business activities essential for companies to deliver their own offerings. But a company is not adequately protecting consumers if it fails to perform proper due diligence on service providers and contractually require them to employ appropriate security measures to protect sensitive personal information, as Ascension Data & Analytics, LLC (Ascension) discovered. Ascension, a data analytics company serving the mortgage industry,…

Consumer Protection Connection

Blog Authors

Addressing Dark Patterns in Online Marketing

Here’s What’s in the Latest Round of CCPA Regulations

Virginia Becomes Second State to Pass Comprehensive Privacy Law

FTC Orders E-Cigarette Manufacturers to Provide Advertising and Sales Information

FTC Announces Workshop to Explore Internet “Dark Patterns”

FTC Settles Facial Recognition Data Misuse Allegations with App Developer

CPSC Staff to Hold Webinar on AI in Consumer Products

Mobile Ad Company Settles FTC Charges Over Misleading In-Game Rewards

FTC Approves Final Amendments to Energy Labeling Rule for Portable ACs

Data Analytics Company Settles with FTC Over Alleged Data Security Violations

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