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Amicus Brief Argues that Consumer Reporting Agency Is Not Legally Shielded from Fair Credit Reporting Act by Section 230 of the Communications Decency Act

North Carolina AG Josh Stein, the Consumer Financial Protection Bureau (“CFPB”), and the Federal Trade Commission (“FTC”) filed an amicus brief in the United States Court of Appeals for the Fourth Circuit in support of the consumer plaintiffs’ position in Henderson v. The Source for Public Data, L.P. (“Public Data”), No. 21-1678, that Section 230 of the Communications Decency Act (“CDA”) does not bar the application of the Fair Credit Reporting Act’s (“FCRA”) procedural requirements to the consumer reporting agency.

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NAAG Voices Support for Congress’s Hearings on Social Media Platforms’ Targeting of Minors

The National Association of Attorneys General (“NAAG”) sent a letter to the S. Senate Committee on Commerce, Science and Transportation’s Subcommittee on Consumer Protection, Product Safety, and Data Security in support of the Subcommittee’s hearings regarding the use of social media by minors and its impacts.

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FTC Clarifies that Health Apps Have a Duty to Report Data Security Breaches

The Federal Trade Commission (“FTC”) issued a policy statement clarifying that health apps that collect or use consumers’ health information are subject to the Health Breach Notification Rule’s notification requirements when the consumer data they collect is subject to unauthorized access. The FTC’s policy statement notes that the American Recovery and Reinvestment Act of 2009 directed…

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Creepy Apps: FTC Shuts Down Stalkerware Company

The Federal Trade Commission (“FTC”) reached a settlement with stalkerware app company Support King, LLC d/b/a and its CEO (collectively “SpyFone”) to resolve allegations that it secretly harvested and shared smartphone owners’ physical location data and information about their phone use and other online activities, and that it exposed smartphones to hacker attacks in violation of the FTC Act.

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Not Just Fun and Games: Angry Birds Allegedly Violates Children’s Privacy

New Mexico AG Hector Balderas sued mobile game developer Rovio Entertainment Corporation (“Rovio”) over allegations that it collects personal information from children in violation of the federal Children’s Online Privacy Protection Act and the New Mexico Unfair Practices Act.

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