Privacy and Data Security

FTC Urges Congress to Restore Section 13(b) of the FTC Act and Resurrect Penalty Offense Authority

As blogged about here, the FTC’s authority to seek monetary disgorgement relief from defendants in federal court is under assault.  Consequently, all five FTC Commissioners have recently forwarded a letter to the Chairs and Ranking Minority members of the Senate Commerce and House Energy & Commerce Committees urging the Committees to pass legislation that would…

FTC Update: SCOTUS to Decide Agency’s Monetary Restitution Enforcement Authority

The Supreme Court has started its new term.  FTC defense practitioners are watching closely as the Court is considering issues that may dramatically impact FTC CID investigations and enforcement actions, particularly whether Section 13(b) of the FTC Act impliedly authorizes courts to award the FTC equitable monetary relief. The Supreme Court Has Already Limited Disgorgement…

Richard Newman Authors Update for NLR on Assault Upon FTC Enforcement Authority

FTC compliance and defense lawyer Richard B. Newman recently authored an article for National Law Review titled “Update on the Assault Upon FTC Enforcement Authority: Monetary Disgorgement Challenges and Executive Direction to Reform Agency Operations.” The article examines the U.S. Supreme Court in Liu v. SEC, the limits placed upon the SEC’s ability to seek monetary…

FTC Testifies About Threats to Enforcement Authority at Hearing Before Senate Commerce Committee

The Federal Trade Commission recently testified at an oversight hearing before the Senate Committee on Commerce, Science, and Transportation about the agency’s work to protect consumers and promote competition, including its efforts to combat frauds designed to take advantage of consumers during the COVID-19 pandemic. Testifying on behalf of the Commission, FTC Chairman Joseph Simons…

Proposed Privacy Bill Would Bolster FTC Enforcement Authority

Legislation was recently introduced in the Senate that would significantly bolster the Federal Trade Commission’s authority to enforce privacy and data security laws, and preempt the patchwork of presently existing data privacy regimes. Intended to address those that utilize, process and benefit from consumer data in “unfair and deceptive ways,” the Consumer Data Privacy and…

Richard B. Newman Represents Developers in Precedent-Setting ‘Stalking’ App Case

As reported by numerous media outlets, FTC defense attorney Richard B. Newman recently represented developers of so-called “stalking app” in the first-ever case of its kind in the United States. Following an aggressive Federal Trade Commission investigation (CID), the firm successfully resolved charges that the respondents’ products compromised the privacy and security of the consumer…