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Aaron Haberman is experienced in defending companies in government investigations and advising them regarding compliance with state and federal laws including the Federal Trade Commission (FTC) Act, the Controlling the Assault of Non-Solicited Pornography and Marketing (CAN-SPAM) Act, the Health Insurance Portability and Accountability Act (HIPAA), the Children's Online Privacy Protection Act (COPPA), and the California Consumer Privacy Act (CCPA).

Under an amendment to the Safeguards Rule under the Gramm-Leach-Bliley Act announced on October 27, 2023, the Federal Trade Commission will require a broad range of nonbank financial institutions to notify the FTC of instances of the unauthorized acquisition of unencrypted, personally identifiable, nonpublic financial information of more than 500 customers.

The new notification obligation

One of the most litigated state telemarketing laws in the country has been significantly pared down. On May 2, 2023, the Florida legislature passed a bill to amend the Florida Telephone Solicitation Act (FTSA), Fla. Stat. § 501.059. The bill was presented to Florida Governor Ron DeSantis on May 16 and was signed into law on May 25. In this post, we cover the origins of the FTSA, its prior scope, and how the amendments modify the law. This amendment should significantly curtail lawsuits filed under the FTSA against companies that use technology to assist in placing calls to consumers.Continue Reading Florida Significantly Narrows the FTSA

The Federal Trade Commission (FTC) issued a policy statement on May 18, 2023, addressing concerns relating to the collection and use of biometric information. The Biometrics Policy Statement, which the FTC’s Commissioners voted 3-0 to issue, outlines practices related to biometric information that the FTC views as violations or will take into account when evaluating

On Thursday, May 11, 2023, the Federal Trade Commission hosted a panel to discuss questions relating to the cloud computing industry. As we’ve previously covered, the FTC is currently seeking public comment as part of a Request for Information regarding cloud computing business practices. In part, the goal of the panel was to identify issues the FTC should explore in its RFI.Continue Reading FTC Hosts Panel Regarding Cloud Computing Business Practices

Data security will be an enforcement priority for the FTC in 2023. The FTC, in its December 14, 2022, Commission meeting, highlighted four data security measures that it believes are particularly important for strong cybersecurity.

This Update discusses what these safeguards are and why the FTC believes they are so critical.

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On August 11, 2022, the Federal Trade Commission (FTC) issued an advance notice of proposed rulemaking (ANPRM), kicking off its long-awaited rulemaking on commercial surveillance and data security.

The ANPRM is the first step in a long process that could result in the adoption of a federal regulation addressing privacy, data security, and use of

In its most recent open meeting, the Federal Trade Commission unanimously: (1) issued a Children’s Online Privacy Protection Act policy statement directed at ed tech providers, and (2) proposed amendments to the Endorsement Guides, which address influencer advertising on social media and consumer reviews.

The COPPA policy statement makes clear that the FTC is

Alvaro Bedoya has now been sworn in as a commissioner for the U.S. Federal Trade Commission. This restores a Democratic majority on the Commission and will enable the agency to move forward with the aggressive agenda of Chair Lina Khan. As a result, we can expect to see significant actions by the FTC on privacy