On August 24, 2015, the Third Circuit affirmed U.S. District Court Judge Esther Salas’ April 2014 ruling in FTC v. Wyndham Worldwide Corp., et al. (“Wyndham”) that the FTC has the authority to regulate private companies’ cybersecurity practices under Section 5 of the FTC Act. (Prior blog posts on this case can be found here […]
Federal Trade Commission (FTC)
FTC Releases New Data Security Guidance for Businesses, Announces Conference Series
The Federal Trade Commission has released new guidance, called “Start with Security,” intended to assist businesses to improve their data security practices based on lessons learned from its 53 data security cases to date. Issued on June 30, 2015, the guidance “distill[s] the facts of those cases down to their essence” in ten “lessons to […]
RadioShack Agrees to Significant Limitations in Sale of Customer Data Following Pressure from State Regulators and the FTC
In what may become viewed as the de facto standard for selling customer information in bankruptcies, a Delaware bankruptcy court approved, on May 20, 2015, a multi-party agreement that would substantially limit RadioShack’s ability to sell 117 million customer records. The agreement was entered into by RadioShack Corp., General Wireless Inc., and 17 state attorney generals as […]
FTC Looks “More Favorably” Upon Companies That Report Data Breaches to Law Enforcement
The Federal Trade Commission recently announced that it views companies that report data breaches to appropriate law enforcers “more favorably” than those companies that are less cooperative. Mark Eichorn, Assistant Director in the Bureau of Consumer Protection’s Division of Privacy and Identity Protection, included the announcement in a May 20, 2015 blog post, describing a […]
FTC Proposes Settlement with Two Companies Over False Safe-Harbor Claims
On April 7, 2015, two U.S. companies agreed to settle Federal Trade Commission (“FTC”) allegations that they falsely claimed to be in compliance with the U.S.-EU Safe Harbor Framework and the U.S.-Swiss Safe Harbor Framework. In the concurrently filed complaints against TES Franchising, LLC (“TES”), a franchisee coaching business, and American International Mailing, a mail […]