Privacy Law Blog : Privacy Lawyers & Attorneys : Proskauer Rose Law Firm : CAN-SPAM, FCRA, FACTA

On Monday, the Federal Trade Commission (FTC) announced that mobile application developer W3 Innovations, LLC (d/b/a Broken Thumbs Apps), has agreed to pay a fine of $50,000 in order to settle charges that it collected and disclosed personal information from children under the age of 13 without first notifying parents of information-collection policies or obtaining verifiable parental consent, in violation of the Children’s Online Privacy Protection Act (COPPA) and the FTC’s COPPA Rule (16 C.F.R. Part 312). This was the first FTC case involving mobile applications, commonly known as "Apps."

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On August 10, 2010, the U.S. Court of Appeals for the Seventh Circuit upheld an earlier ruling by the Northern District of Illinois Eastern Division that email order confirmations are not “electronically printed” receipts under the Fair and Accurate Credit Transactions Act (“FACTA”) amendments to the Fair Credit Reporting Act. Shlahtichman v.1-800 Contacts Inc., Case No. 09-4073 (7th Cir.; Aug. 10, 2010) is available here. The court affirmed the dismissal of Shlahtichman’s complaint against 1-800 Contacts Inc. that involved an electronic order confirmation containing Shlahtichman’s credit card expiration date.

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On May 11, 2010, the Federal Trade Commission responded to a letter previously submitted by Congressman Edward Markey which voiced concern over privacy risks relating to digital copiers.

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