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FTC Gives Final Approval to PayPal Settlement Related to Allegations Involving its Venmo Payment Service

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The FTC gave final approval to the Venmo/PayPal settlement resolving alleged violations of Section 5 of the FTC Act and the Gramm-Leach-Bliley Act’s Privacy and Safeguards Rules. As described in a previous blog post, the FTC alleged that Venmo made a variety of misrepresentations to consumers with respect to the availability of funds, the ability of consumers to control the privacy of their transactions, and its data security practices. Continue reading

Eleventh Circuit Vacates FTC LabMD Order but Does Not Challenge FTC Authority

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The U.S. Circuit Court of Appeals for the 11th Circuit vacated the LabMD Federal Trade Commission order but did not challenge the Commission’s ability to use its unfairness authority to challenge inadequate data security practices in  a closely watched case that tested the commission’s enforcement powers.

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FTC Warns Two Foreign-Based App Developers of Possible COPPA Violations

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The FTC staff recently sent two warning letters to Gator Group Co., Ltd., and Tinitell, Inc., which marketed mobile apps directed to children and appear to be violating the Children’s Online Privacy Protection Act (COPPA). The FTC warning letters were also sent to the Apple App Store and Google Play Store, which make the apps available to consumers.

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Mobile Phone Maker BLU Products Settles with FTC Resolving Allegations of Lax Data Security Practices

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Mobile phones are ubiquitous extensions of our personal and professional lives and few think deeply about the tangled webs of software and hardware providers that formulate components to mobile phone fabricators.  However, the Federal Trade Commission’s recent settlement with BLU Products represents an important reminder of the importance of appropriate vendor oversight in all phases of the manufacturing and sales process.

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Senate Confirms All Five Nominees to the FTC

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The Senate officially confirmed the five nominees to the Federal Trade Commission on April 26.  As noted in previous blogs, Joseph Simons will become the new chairman and Joshua Phillips, Rebecca Slaughter and Rohit Chopra will join the Commission immediately.

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US FDA Approaches to Artificial Intelligence

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Artificial Intelligence (AI) can be employed in a health care setting for a variety of tasks, from managing electronic health records at a hospital, to market research at a benefits management organization, to optimizing manufacturing operations at a pharmaceutical company. The level of regulatory scrutiny of such systems depends on their intended use and associated risks.

In the U.S., for medical devices using AI, one of the key regulatory bodies is the Food and Drug Administration (FDA), especially its Center for Devices and Radiological Health (CDRH). CDRH has long followed a risk-based approach in its regulatory policies, and has officially recognized ISO Standard 14971 “Application of Risk Management to Medical Devices.” That standard is over 10 years old now, and therefore is currently undergoing revisions – some of which are meant to address challenges posed by AI and other digital tools that are flooding the medical-devices arena.

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