On April 23, 2015, the FTC and Nomi Technologies, Inc. (“Nomi”) settled the FTC’s misrepresentation charges related to Nomi’s “Listen” service, a multiple sensor technology that allows retailers to measure consumers’ in-store movements. Nomi’s sensors track consumers as they browse physical stores. According to the complaint, “Nomi places sensors in its clients’ retail locations that detect […]
Privacy & Cyber Regulatory Enforcement
DOJ to Host Cybersecurity Roundtable on Data Breaches
On April 29, 2015, the Department of Justice’s Criminal Division will host a cybersecurity industry roundtable on data breaches. The event, which will include audience question and answer sessions, will focus on a range of recent industry developments. The event will feature a discussion of cybersecurity from the national security perspective by John P. Carlin, […]
HHS Issues Guidance on HIPAA and Workplace Wellness Programs
On Thursday, April 16, 2015, the Office for Civil Rights (OCR) of the U.S. Department of Health and Human Services (HHS) issued guidance, consisting of two frequently asked questions (FAQs), on the application of the HIPAA Privacy, Security, and Breach Notification Rules to workplace wellness programs. HHS explains in one of the FAQs that the […]
FTC Proposes Settlement with Two Companies Over False Safe-Harbor Claims
On April 7, 2015, two U.S. companies agreed to settle Federal Trade Commission (“FTC”) allegations that they falsely claimed to be in compliance with the U.S.-EU Safe Harbor Framework and the U.S.-Swiss Safe Harbor Framework. In the concurrently filed complaints against TES Franchising, LLC (“TES”), a franchisee coaching business, and American International Mailing, a mail […]
FCC Adopts Consent Order with AT&T Over Alleged Data Security Violations
The Federal Communications Commission (FCC) announced on April 8 that it had adopted a consent decree between its Enforcement Bureau and AT&T Services, Inc. (AT&T), including a civil penalty of $25 million and a requirement to adopt a comprehensive compliance plan, among other actions. The consent decree alleges that AT&T “failed to protect the confidentiality” […]