Tag:

FTC

Virtual Influencers Leave Unanswered Questions on FTC Act Compliance

Thanks to the continued prominence of social media in people’s daily lives, it is no surprise that more familiar marketing strategies such as celebrity product endorsements would update for the current era. Recently, social media advertising has practically entered the realm of science fiction with the introduction of computer-generated influencers. These avatars are created to sell, but who is responsible if they fail to comply with advertising laws?

Exploring COPPA through the FTC’s Complaint against TikTok

The Children’s Online Privacy Protection Act (“COPPA”) prohibits unfair or deceptive collection, use, and disclosure of the personal information of children on the internet. COPPA covers both website operators and app developers, and prevents collection of personal information without verified, written consent of parents. On February 27, 2019, the Federal Trade Commission (“FTC”) filed a complaint in U.S. District Court against TikTok, previously known as Music.ly. The complaint alleged that Music.ly knowingly violated COPPA when it collected data from children without written consent of parents. Music.ly settled for $5,700,000.00, the largest civil penalty obtained by the FTC for violations of COPPA.

The Tumultuous Regulation and Deregulation of Payday Loans  

Each year, approximately twelve million Americans resort to payday loans for quick money to pay off bills and cover emergency expenses.  The small, short-term unsecured loans give borrowers a quick way to get money with little consideration of their creditworthiness. Borrowers are plagued with extremely high annual percentage rates to offset the seemingly substantial risk to the lender. However, many studies have shown that payday loans carry no more long-term risk to the lender than other forms of credit. Lenders are able to gain from the high interest rates that burden borrowers while simultaneously benefitting from the relatively low-stakes gamble of the nature of the loan. This illuminates a harrowing truth: the real victims of exploitative and predatory “cash advances” are the borrowers themselves who continue taking on more and more of these high-interest loans in a vicious cycle to repay small debts.

The Value of Privacy: How Facebook Paid for Access to the Personal Data of Teens and Adults

On January 29, 2019, TechCrunch released an investigation finding that Facebook had been paying users as young as 13 for unlimited access to their data. Facebook marketed the application, not available through the iOS app store, to users aged 13-to-35 by offering to pay $20 per month plus referral fees for downloading and using a “Facebook Research” app. The app, once downloaded, provided Facebook with unrestricted access to all private data on the users iPhone including messages, photos and videos, and website usage. This was not the first app launched by Facebook to track user’s data, Apple removed a similar app called Onavo from the app store in 2018. This app is a clear violation of the 2011 consent decree Facebook signed with the Federal Trade Commission.

Compliance Spotlight: Joseph Adamczyk, OCC

Joseph Adamczyk, ’01 is the Senior Vice President and Chief Compliance Officer at OCC (Options Clearing Corporation). OCC is the world’s largest equity derivatives clearing organization, and works to promote stability and financial integrity in the marketplace. Mr. Adamczyk holds a J.D. from Loyola University Chicago School of Law, an MBA from the University of Chicago, and a B.S. in Business Administration from DePaul University.

Financing a Funeral: FTC Protection Against Providers

One of the most difficult things many of us will experience in our lifetime is the death of a loved one. Whether unexpected or a drawn out farewell, it is a situation no one can be full prepared to handle. In this moment of extreme vulnerability, most people begin the process of planning a funeral. Society has placed an incredible amount of faith in funeral directors to make sure the wishes of our loved ones are met and insure a memorable service for the living. However, this is not always the case.

How Native Advertising is Changing the PR Industry and the Way Corporations Interact with Consumers

Nearly 40% of publishers using native advertising are not compliant with the Federal Trade Commission’s (“FTC”) guidelines; this figure has improved from one year ago, when only 30% of users were following the guidelines. In 2017 alone, the FTC estimates that the revenue generated from native advertising will total $20.9 billion, with an estimated 610 new advertisers each month this number is projected to increase to $59 billion in 2018. The number of corporations using native advertising has increased over the years because of social media platforms like Instagram and Facebook, where much of the in-feed content is paid or sponsored.

Securing All The Things: Cybersecurity, D-Link, and the Expansion of IoT

The internet of things (IoT) holds promise for new ways to interact with and leverage technology; however, ever-expanding connectivity brings increased vulnerability. Addressing security and privacy issues is necessary for the continued growth of the IoT—and, as the U.S. Federal Trade Commission’s case against  D-Link Corporation demonstrates, one of vital interest to regulatory lawmaking bodies as well.

Joint Guidance Confirms the Sharing of Health Information Subject to FTC Regulations, Not Only HIPAA

Logan Parker Privacy Editor Loyola University Chicago School of Law, LL.M. in Health Law 2017   On October 22, 2016, the Federal Trade Commission (“FTC”) in collaboration and conjunction with the Department of Health and Human Services’ Office for Civil Rights (“OCR”) released new guidance on key privacy and security considerations for organizations handling health …
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FTC Final Order against LabMD – The Intersection of Unfair Practices, Privacy, Security, and Compliance

Logan Parker Privacy Editor Loyola University Chicago School of Law, LL.M. in Health Law 2017   The Federal Trade Commission (“FTC”) issued an Opinion and Final Order on July 29, 2016 against LabMD, a now defunct medical testing laboratory, for its lax data security practices that constituted an unfair practice under Section 5 of the …
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