The FTC settled with Ortho-Clinical Diagnostics, Inc. for misleading consumers about its participation in the EU-U.S. Privacy Shield framework. The company allowed its certification to lapse in 2018 but continued to claim participation. The settlement prohibits such misrepresentations and requires compliance with Privacy Shield obligations for data collected or deletion of such data.
Ortho-Clinical is prohibited from misrepresenting its participation in privacy frameworks, must comply with Privacy Shield obligations for data collected while participating, or return or delete such data.
In-house legal teams should review all agreements involving the transfer of personal data from the European Union to the United States, including vendor contracts, customer agreements, and data processing addendums. Focus on clauses that (1) represent compliance with specific data transfer frameworks like the EU-U.S. Privacy Shield, (2) warrant the accuracy of certification or participation status in such frameworks, (3) outline obligations for data protection, audit rights, and (4) specify data retention, deletion, or return requirements upon termination or lapse of certification. Changes may be needed to ensure representations accurately reflect current certification status, incorporate fallback data transfer mechanisms (e.g., Standard Contractual Clauses), and explicitly require data deletion or return if a framework like Privacy Shield is no longer valid.
Entity
Ortho-Clinical Diagnostics, Inc.
Also known as: Ortho-Clinical Diagnostics
Industry
HealthcareOfficial Press Release
https://www.ftc.gov/news-events/news/press-releases/2020/07/ftc-finalizes-privacy-shield-settlement-ortho-clinical
medical diagnostic device maker settles allegations it misle
https://www.ftc.gov/news-events/news/press-releases/2020/03/medical-diagnostic-device-maker-settles-allegations-it-misled-consumers-about-its-participation-eu
Federal Trade Commission Enforcement Page
https://www.ftc.gov/enforcement
"Ortho-Clinical Diagnostics, Inc."
"The FTC alleged that New Jersey-based Ortho-Clinical Diagnostics, Inc. claimed that it participated in the Privacy Shield framework and complied with the program’s requirements, even though the company had allowed its certification to lapse in 2018."
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.