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Kristin J. Madigan is a partner in Crowell & Moring’s San Francisco office and a member of the firm’s Litigation and Privacy & Cybersecurity groups. Kristin focuses her practice on representing clients in high-stakes complex litigation with a focus on technology, as well as privacy and consumer protection matters including product counseling, compliance, investigations, enforcement, and litigation that typically involves existing and emerging technologies. In addition, Kristin is well-versed in and counsels clients on California Consumer Privacy Act (CCPA) compliance. Kristin is a Certified Information Privacy Professional/United States (CIPP/US).

In mid-March, the FTC continued to back consumers’ right to repair, submitting a comment with the DOJ’s Antitrust Division to the U.S. Copyright Office in support of renewing and expanding exemptions for repair in the Digital Millennium Copyright Act (DMCA). The Commission is refunding consumers who were misled into purchasing goods, making student loan payments, and charitable donations for cancer patients. In the first FTC enforcement action of its kind, a supplements company faces penalties for “hijacking” another product’s reviews as its own to boost sales. The Commission highlighted a Notice of Proposed Rulemaking for the EnergyGuide Labeling Rule and Telemarketing Sales Rule. Members of the public are invited to join an open Commission meeting on March 21, 2024. Finally, the FTC appointed a new Administrative Law Judge, Jay L. Himes. More news on the FTC’s busy week, after the jump.Continue Reading FTC Updates (March 11–15, 2024)

The FTC was active in privacy and security related matters this week. The agency submitted a letter to the House Judiciary Committee related to a social media platform’s data sharing practices with third-parties. It also announced a multi-million dollar settlement with a software company over its data collection and selling practices. Additionally, this week’s updates include the FTC filing an administrative complaint against a major tax preparation company for its advertising and marketing tactics. All this, and more, after the jump.Continue Reading FTC Updates (February 19-23, 2024)

The FTC this week has primarily focused on consumer protection, announcing successful efforts against companies who failed to protect consumers from illegal telemarketing calls and hackers. The agency’s efforts build on a series of actions focusing on consumer privacy and security, which are all the more important as, in the agency’s words, “businesses face fresh incentives to hoard data to train AI models.” These stories and more after the jump.Continue Reading FTC Updates (January 29 – February 2, 2024)

As we enter 2024, the FTC is pushing forward on all fronts. The Bureau of Consumer Protection announced both settlements and actions, especially related to telemarketing and robocalls, as well as automotive industry junk fees and illegal uses of consumer location data. And, the FTC has scheduled a summit on Artificial Intelligence on January 25. This, and more, after the jump.Continue Reading FTC Updates (January 1 – January 19, 2024)

The FTC has been active despite being in the midst of the holiday season. The Commission and the DOJ released its 2023 Merger Guidelines as well as a FY 2022 report detailing data on the HSR Premerger Notification Program. The Bureau of Consumer Protection was also active this week. It announced a new report summarizing key takeaways from an October 2023 roundtable examining the impact of generative artificial intelligence. The Commission also announced a new notice of proposed rulemaking and an extension to an existing proposed rulemaking related to consumer protection issues. These stories and more after the jump.Continue Reading FTC Updates (December 18 – December 29, 2023)

The FTC kicked off the holiday season focusing on deceptive telemarketing practices. The Commission also announced the finalization of a rule targeting deceptive tactics used by salespeople during the car buying process. These stories and more after the jump.Continue Reading FTC Updates (December 11 – December 15, 2023)

The rapid and evolving development of artificial intelligence (“AI”) has alarmed various government agencies, especially the Federal Trade Commission (“FTC”).  On November 21, the FTC approved an omnibus resolution simplifying the process for its staff to issue civil investigative demands (“CIDs”) in AI investigations.  This resolution comes on the heels of President Biden’s October executive order establishing new standards for AI safety and security.  Both actions may increase exposure for businesses involved in the use of products and services that use or are produced through AI.  Businesses should be knowledgeable about their use and marketing of AI and ensure their products and conduct do not pose a risk to consumers or competition.Continue Reading Federal Trade Commission: The AI Watchdog

The FTC is in feedback-seeking mode, looking for input on topics ranging from the draft Merger Guidelines to privacy. The agency also collaborated with the CFPB on an amicus brief regarding the Fair Credit Reporting Act, and entered into a cooperation agreement with several Latin American countries. More on this, after the jump.Continue Reading FTC Updates (September 25-29, 2023)

After a slower start in August, the FTC has been busy with actions taken to protect everyday consumers who have been the victims of organized schemes intended to mislead them. The FTC also announced the appointment of a new Director of the Bureau of Competition This and more, after the jump.Continue Reading FTC Updates (August 7-25, 2023)