CommLaw Monitor

News and analysis from Kelley Drye’s communications practice group

FTC to Use 6(b) Authority to Examine Tech Companies’ Data Practices

FTC Chairman Joe Simons recently acknowledged the Commission’s plan to use its authority under Section 6(b) of the FTC Act to examine the data practices of large technology companies. In written responses to questions…

Time Runs Out for TikTok App: Developer Musical.ly Agrees to FTC’s Largest-Ever Fine for Children’s Privacy Violations

The FTC recently announced a $5.7 million settlement with app developer Musical.ly for COPPA violations associated with its app (now known as TikTok)—the agency’s largest-ever COPPA fine since the enactment of the…

FTC Opts Out of Updating Anti-Spam Rule

The Federal Trade Commission (FTC) announced this week that it would not update its anti-spam rule, completing the agency’s first 10-year review of the regulation. The FTC last updated the rule, known as the CAN-SPAM…

Avoid a Misstep with Qualified “Made in USA” Claims: Class Action Against New Balance Leads to Proposed $750,000 Settlement

Most of our posts regarding “Made in USA” claims relate to FTC investigations and enforcement actions. Private plaintiffs, however, also closely watch those claims. For example, in 2018 plaintiffs filed a class action…

NAD Referrals To FTC: How Big Is That Stick?

The Federal Trade Commission has long supported advertising industry self-regulation as a means of promoting truthfulness and accuracy in advertising. One of the key aspects of this success has been threat of referral…