The FTC is more active now than it has been in decades. Since FTC Chair Lina Kahn’s confirmation in June, the FTC has held two open meetings, announced new rulemakings, enhanced its own rulemaking authority, and issued resolutions to investigate over a dozen issues. The FTC’s Bureau of Consumer Protection and the Bureau of Competition have also jointly recommended that the Commission authorize additional new compulsory process resolutions in five other areas. In October, the Commission also issued over 700 letters to companies warning them against specific forms of deceptive practices, which is likely to be repeated with respect to privacy and data security as a way to get around a recent Supreme Court case stripping it of its ability to get equitable monetary relief in Section 5 cases, and issued a staff report arising out of its investigation of ISPs’ data practices.
These are the types of activities we can see from the FTC: more rulemaking and more investigations, with privacy and data security investigations key among them, in areas such as facial recognition, collecting more personal information than necessary to render the service offered, unanticipated secondary uses of personal information, bias in algorithms, and so-called “dark patterns” of deceptive and manipulative conduct on the Internet.
Join us for this webinar to learn what the FTC is focused on now and how to stay out of its crosshairs, with an emphasis on defending FTC privacy and data security investigations, which are now more complex and aggressive than they have been in decades, requesting more information, more documents, and even multiple depositions, than ever.
Reed Freeman, Partner, eCommerce, Privacy, and Cybersecurity Group
Chelsea Reckell, Associate, eCommerce, Privacy, and Cybersecurity Group