Facebook Expects Up to $5B Loss in Possible FTC Fine Over Data Privacy Mishaps
Facebook estimates an FTC fine of $3 billion to $5 billion over its data privacy practices. It would be the largest-ever FTC fine on a U.S. tech company.
April 24, 2019 at 05:07 PM
3 minute read
The original version of this story was published on Corporate Counsel
Facebook Inc. has set aside $3 billion for a settlement with the Federal Trade Commission over its consumer data privacy practices.
Menlo Park, California-based Facebook estimated a “probable loss” of $3 billion to $5 billion due to an ongoing FTC inquiry into its data protection and privacy practices in its first-quarter results 8-K filing Wednesday.
“The matter remains unresolved, and there can be no assurance as to the timing or the terms of any final outcome,” Facebook's filing stated. A fine against Facebook would not be tax deductible, and the company stated its operating margin “would have been 20 percentage points higher, our effective tax rate would have been 14 percentage points lower” without the estimated settlement.
The FTC launched a non-public investigation into Facebook last month after a series of privacy-related scandals, including data breaches, which the agency claimed could violate a previous settlement it had with the company requiring Facebook to up its protection of consumer data.
Facebook is also under investigation in Europe for alleged General Data Protection Regulation violations. A $3 billion FTC fine against Facebook would be the largest the agency has levied on a U.S. tech company, and its largest data privacy-related fine.
Richard Newman, a data privacy and FTC compliance attorney at Hinch Newman, said in an email that “data privacy regulation remains atop the FTC's enforcement policy agenda.” But University of California, Berkeley, privacy law professor Chris Hoofnagle said “the money doesn't matter” and the bigger question is “whether Zuckerberg himself is held liable.”
The European Union and the state of California have both passed privacy-related regulations in recent years, with more U.S. states moving toward similar laws. Google Inc. currently holds the tech industry record for largest FTC penalty, settling charges it violated a privacy agreement with the agency for $22.5 million in 2012.
“The FTC is firmly and fully committed to using all of its tools to protect the privacy of consumers,” Tom Pahl, acting director of the FTC's Bureau of Consumer Protection, said in a press release announcing the investigation last month. His agency declined to comment further. Facebook did not immediately respond to a request for comment.
Facebook announced Monday it hired the State Department's top lawyer, Jennifer Newstead, as its next general counsel. Newstead, a veteran of the George W. Bush administration who helped draft the Patriot Act, will replace Colin Stretch, Facebook's general counsel of nine years.
Read More:
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllCEOs Want Data-Based Risk Management; GCs Lack the Tech to Do So.
UnitedLex Fishes 5 New Hires From Big Four Talent Pool
COVID-19, Remote Work and Cybersecurity Threats: 7 Pointers for In-House Counsel
Trending Stories
- 1Senate Judiciary Dems Release Report on Supreme Court Ethics
- 2Senate Confirms Last 2 of Biden's California Judicial Nominees
- 3Morrison & Foerster Doles Out Year-End and Special Bonuses, Raises Base Compensation for Associates
- 4Tom Girardi to Surrender to Federal Authorities on Jan. 7
- 5Husch Blackwell, Foley Among Law Firms Opening Southeast Offices This Year
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250