NTT Global Data Centers settled FTC allegations that it misled consumers about its participation in the EU-U.S. Privacy Shield framework and failed to comply with its requirements. The settlement requires the company to hire a third-party assessor if it re-certifies, prohibits misrepresentations about privacy programs, and mandates continued application of Privacy Shield protections or deletion of data collected while participating.
The company must hire a third-party assessor to verify adherence to Privacy Shield promises if it re-certifies, is prohibited from misrepresenting its participation in privacy programs, and must continue to apply Privacy Shield protections to personal information collected while participating or return or delete such information.
In-house legal teams should review all vendor, customer, and data processing agreements that involve the transfer of personal data from the European Union to the United States. Specifically, scrutinize clauses referencing data transfer mechanisms (like Privacy Shield or its successors), representations regarding participation in or compliance with international privacy frameworks, and obligations that survive the termination or lapse of a certification. Agreements may need amendments to: (1) ensure accurate and non-misleading descriptions of any privacy program participation; (2) incorporate requirements for third-party verification/assessment if the company intends to recertify under a framework like Privacy Shield; and (3) explicitly address the handling or deletion of data collected during a period of prior participation, in line with continuing obligations.
Entity
NTT Global Data Centers, Inc.
Also known as: NTT Global Data Centers
Industry
TechnologyOfficial Press Release
https://www.ftc.gov/news-events/news/press-releases/2020/06/data-center-company-settles-ftc-privacy-shield-case
d09386nttragingwireorder
https://www.ftc.gov/system/files/documents/cases/d09386nttragingwireorder.pdf
ftc charges nevada company falsely claiming participation eu
https://www.ftc.gov/news-events/press-releases/2019/11/ftc-charges-nevada-company-falsely-claiming-participation-eu-us
d09386chopradissent
https://www.ftc.gov/system/files/documents/public_statements/1577527/d09386chopradissent.pdf
182 3189 majority statement final
https://www.ftc.gov/system/files/documents/public_statements/1577515/182_3189_majority_statement_final.pdf
d09386nttragingwireacco
https://www.ftc.gov/system/files/documents/cases/d09386nttragingwireacco.pdf
Federal Trade Commission Enforcement Page
https://www.ftc.gov/enforcement
"NTT Global Data Centers, Inc., formerly known as RagingWire Data Centers, Inc. (RagingWire)"
"misled consumers about its participation in the EU-U.S. Privacy Shield framework and failed to adhere to the program’s requirements"
The FTC filed a complaint alleging that GovAssist LLC, Entry LLC, and Scott Zuckerman used deceptive paid search ads, misleading service and pricing claims, and fake reviews to deceive consumers seeking passport services. The complaint alleges violations of the FTC Act, the Impersonation Rule, and the Gramm-Leach-Bliley Act; the case will be decided by the court, and no penalty or remedy is reported as imposed.
The FTC issued its annual report to Congress describing fraud trends affecting older adults and the agency’s enforcement, education, and outreach efforts. The report is not a specific privacy enforcement action and announces no penalty or remedy.
The FTC referred a complaint against REPS & Company Inc. and company executives, alleging they bypassed ticket-issuer security controls and purchasing limits to acquire millions of tickets for resale. The complaint was filed by the Department of Justice, and the case will be decided by the court; the press release does not report a penalty or other remedy imposed.
$106.8M
A federal court entered a $106.8 million default judgment against corporate defendants in an alleged debt-relief scheme that impersonated banks and government entities and targeted seniors and veterans. The judgment permanently bans the defendants from the debt-relief industry and imposes additional prohibitions, including on impersonation, telemarketing, and misrepresentations.
The FTC sued Digital Forensics Corporation LLC and affiliated defendants, alleging they misled sextortion victims with promises of investigative and monitoring services that often were not provided, and used fake positive reviews. A federal court granted the FTC’s request to temporarily halt the defendants’ activities; the complaint remains for the court to decide.
The FTC alleged that Greenway Auto Group advertised vehicle prices thousands of dollars below the amounts consumers actually paid and used mailers falsely suggesting recipients had won cash prizes. Greenway agreed to an order requiring transparent pricing and prohibiting deceptive prize mailers and other misrepresentations; the press release does not state a monetary penalty.