Earlier this month, Senators Richard Blumenthal and Ed Markey (D-MA) introduced new privacy legislation entitled the Customer Online Notification for Stopping Edge-provider Network Transgressions (“CONSENT”) Act. Senator Markey has referred to the legislation as a “privacy bill of rights” and believes that recent privacy violations have necessitated consent-based … [Read more...]
FTC Investigation and Enforcement Trends
Privacy and data security-related issues remain a hot-button subject and the parameters are still being defined by the FTC, as well as courts. Recently, the FTC has challenged alleged inadequate data security measures on the basis that they constitute “unfair business practices.” The FTC Act defines unfair business practices as practices that cause or are likely to … [Read more...]
The Story Behind $O FTC Settlements and Suspended Judgments
It is a phrase you see or hear attorneys make when describing FTC settlements: “The order includes a suspended judgment.” The Federal Trade Commission refers to allowing settling defendants to avoid paying a judgment in full as a suspended judgment. Often misunderstood, partially or totally suspended judgments are based upon a defendant’s inability to pay the full amount of … [Read more...]