Category Archives: Privacy

FTC reports on to Congress on the Do Not Call (DNC) Registry

The Federal Trade Commission today issued its biennial report to Congress on the National Do Not Call (DNC) Registry. According to the report, more than 249 million consumers have placed their telephone numbers on the Registry over the past two year. The report also notes that the FTC has received more than two million Do […]

NY Times article about how cars track consumers

  The article, by Kashmir Hill, is headlined Your Car Is Tracking You. Abusive Partners May Be, Too. Excerpt: Modern cars have been called “smartphones with wheels” because they are internet-connected and have myriad methods of data collection, from cameras and seat weight sensors to records of how hard you brake and corner. Most drivers don’t realize […]

Meta calls 100-year-old Federal Trade Commission unconstitutional

Mark Zuckerberg’s Meta, owner of WhatsApp, Facebook and Instagram, filed a lawsuit this week in Washington, DC challenging the constitutionality of the Federal Trade Commission. The complaint questions FTC’s longstanding structure and processes, including the agency’s administrative proceedings, its executive authority (although it is led by presidentially-nominated and Congressionally-confirmed commissioners), and its authority to protect […]

FCC, FTC announce fact-finding projects on AI and consumer protection

The Federal Communications Commission and the Federal Trade Commission recently released notices to gather information on the use of advanced technologies in consumer sectors that the regulators oversee. The FCC announced that it is exploring emerging AI technologies and their connection to its work to protect consumers from unwanted and illegal calls and text messages […]

CFPB proposes rule on personal financial data rights

The Consumer Financial Protection Bureau just announced a proposed rule under section 1033 of the Consumer Financial Protection Act of 2010 to address personal financial data rights that would ensure consumers have certain protections and control over their information. Among other things the rule would: Require financial institutions to share data with other entities at […]

Court allows consumer to bring TCPA case concerning calls to number on Do-Not-Call registry

In a case under the Telephone Consumer Protection Act, the Ninth Circuit Court of Appeals held today that the owner and subscriber of a phone with a number listed on the Do-Not-Call Registry suffers an injury sufficient to confer standing when unsolicited telemarketing calls or texts are sent to the number in violation of the […]

Amazon, DOJ, and FTC agree to settle claims regarding Alexa recordings

The FTC has announced the filing and resolution of an action against Amazon, arising out of claims that the company wrongfully retained voice recordings and geolocation information of Alexa users, allowed Amazon employees to access voice information, failed to delete children’s information at the request of parents, and retained children’s personal information longer than necessary. […]

What to do about privacy policies? Chris Bradley has an answer

Christopher G. Bradley of Kentucky has written Privacy Policy Indeterminacy. Here’s the abstract: Despite being subjected to decades of sharp criticism, privacy policies published by companies remain a linchpin of privacy regulation. Representations in these policies provide the main measure against which consumer privacy can be judged. Policies are rarely read by consumers and are […]

Dickinson Article: Privately Policing Dark Patterns

Gregory M. Dickinson of St. Thomas has written Privately Policing Dark Patterns, 57 Ga. L. Rev. (2023 Forthcoming). Here is the abstract: Lawmakers around the country are crafting new laws to target “dark patterns”—user interface designs that trick or coerce users into enabling cell phone location tracking, sharing browsing data, initiating automatic billing, or making […]

CFPB seeks public info on data brokers’ business

The Consumer Financial Protection Bureau wants to know more about data brokers and their practices, as these entities gather and sell consumers’ personal and private information. The CFPB requests public feedback including information about the entities that collect personal consumer data, the types of data collected, sources that data brokers use to collect information, their […]