The FTC settled with NTT Global Data Centers Americas, Inc. for deceiving consumers about its participation in the EU-U.S. Privacy Shield framework. The company's certification lapsed in 2018, but it continued to claim compliance in its privacy policy and marketing materials. Under the settlement, NTT is prohibited from misrepresenting its participation in any privacy program and must apply Privacy Shield protections to previously collected personal data or delete it.
The company is banned from misrepresenting its participation in privacy or data security programs and must either maintain Privacy Shield-level protections for personal data collected during participation or delete or return that data.
In-house legal teams should review vendor, customer, and data processing agreements that involve international data transfers or reference privacy frameworks like Privacy Shield. Focus on clauses where the company represents participation in or compliance with specific privacy or data security programs (e.g., Privacy Shield, EU-U.S. Data Privacy Framework), cross-border data transfer mechanisms (e.g., Standard Contractual Clauses), and data handling obligations (retention, deletion). Changes may be needed to: (1) require parties to verify and maintain accuracy of any certification or participation claims; (2) add notification obligations if a certification lapses; (3) include fallback data protection measures (e.g., deletion or application of equivalent safeguards) if a referenced framework is no longer valid; and (4) ensure marketing materials and privacy policies attached to contracts do not misrepresent participation in any government-sponsored or self-regulatory program.
Entity
NTT Global Data Centers Americas, Inc.
Also known as: NTT Global Data Centers Americas
Industry
TechnologyOfficial Press Release
https://www.ftc.gov/news-events/news/press-releases/2020/10/ftc-finalizes-settlement-data-center-company-over-allegations-it-deceived-consumers-about-its
1823189d09386ragingwireorder2
https://www.ftc.gov/system/files/documents/cases/1823189d09386ragingwireorder2.pdf
Federal Trade Commission Enforcement Page
https://www.ftc.gov/enforcement
"NTT Global Data Centers Americas, Inc. (NTT), formerly known as RagingWire Data Centers, Inc."
"allegedly deceived consumers about its participation in the EU-U.S. Privacy Shield framework"
The FTC sent warning letters to 12 companies offering 'nudify' tools that generate nonconsensual intimate images, for failing to comply with the TAKE IT DOWN Act (TIDA) by not providing a mechanism for victims to request removal of such content. The letters urge immediate compliance with TIDA, which requires platforms to remove nonconsensual intimate images within 48 hours of a valid request. Noncompliant companies may face future legal action and civil penalties of up to $53,088 per violation.
The FTC began enforcing the TAKE IT DOWN Act on May 19, 2026, a law requiring covered platforms to establish a process for victims to request removal of nonconsensual intimate images and delete such content within 48 hours of a valid request. The agency launched a consumer complaint portal, issued compliance guidance for businesses and consumers, and sent reminder letters to major platforms including Meta, TikTok, and X about their obligations under the law. No specific penalties or enforcement actions against individual companies were announced in this release.
$6.5M
A federal court held Cliq Inc. and its executives Andrew Phillips and John Blaugrund in civil contempt for multiple violations of a 2015 FTC order requiring the payment processor to prevent enabling consumer fraud. The court found the defendants facilitated fraud by processing transactions for high-risk merchants, avoiding fraud monitoring, failing to conduct required underwriting, and ignoring chargeback thresholds. The court imposed $6.5 million in civil contempt sanctions against the defendants.
$795.8M
The FTC and State of Nevada settled charges with lead defendants of the IM Mastery Academy MLM scheme, including Chris and Isis Terry and their affiliated companies, over false earnings claims used to promote financial training programs and a multi-level marketing venture. The stipulated order imposes a $795.8 million judgment, with defendants surrendering nearly $90 million in assets including luxury real estate, vehicles, jewelry, and a yacht, totaling over $100 million with prior judgments from other involved defendants. The order also bans defendants from selling trading-training services, prohibits false earnings claims, and restricts deceptive practices including negative-option misrepresentations and telemarketing violations.
The FTC and State of Illinois, via the Department of Justice, filed a complaint against B.E.S.T. GDR LLC (d/b/a Premium Home Service) and its owner Yosef Bernath for creating thousands of fake home repair business listings with fabricated five-star reviews to deceive consumers. The defendants allegedly routed consumer calls to unqualified representatives, arranged for unlicensed technicians, and violated the FTC Act, Reviews and Testimonials Rule, Gramm-Leach-Bliley Act, and Illinois consumer protection laws. No monetary penalty has been imposed yet as the case is in initial filing stages.
Federal Trade Commission Chairman Andrew N. Ferguson sent letters to over a dozen major technology companies reminding them of their obligation to comply with the Take It Down Act (TIDA) by May 19, 2026. TIDA requires covered platforms to establish a process for victims, including children, to request removal of nonconsensual intimate images, with takedown of content and all identical copies required within 48 hours of a valid request. The FTC also issued supplemental guidance to help companies prepare for compliance and warned that it will monitor and enforce violations of the law.