Behavioral Advertising

As reported on the Hunton Retail Law Resource blog, the Federal Trade Commission settled charges with mobile advertising company Tapjoy, Inc., on allegations that the company failed to provide promised rewards in exchange for completed activities such as the payment of money, disclosure of sometimes-sensitive personal information or registration for “free trial” marketing offers.
Continue Reading FTC Pursues Advertising Network that Failed to Deliver In-Game Rewards in Exchange for Payment or Personal Information

On January 8, 2020, the Information Commissioner’s Office (“ICO”) launched a consultation on its draft direct marketing code of practice (the “Draft Code”), as required by section 122 of the Data Protection Act 2018 (“DPA 18”). The Draft Code is open for public consultation until March 4, 2020.
Continue Reading ICO Publishes Draft Direct Marketing Code of Practice for Consultation

The UK Information Commissioner’s Office recently published an updated report on adtech, following a Fact Finding Forum held in March 2019 and consultation with industry players. The report focuses on whether and how organizations in the adtech sector can comply with the GDPR and the UK’s implementation of the e-Privacy Directive.
Continue Reading ICO Warns of Increased Focus on Adtech

On October 17, 2018, the French data protection authority published a press release, detailing the rules applicable to devices that collect personal data from users’ mobile phones (media access control address) for the purposes of measuring the advertising audience and traffic in shopping malls and other public areas.
Continue Reading CNIL Details Rules on Audience and Traffic Measuring in Publicly Accessible Areas

Vizio, Inc., a California-based company best known for its internet-connected televisions, agreed to a $17 million settlement that, if approved, will resolve multiple proposed consumer class actions consolidated in California federal court. The suits’ claims, which are limited to the period between February 1, 2014 and February 6, 2017, involve data-tracking software Vizio installed on its smart TVs.
Continue Reading Vizio Agrees to $17M Settlement to Resolve Smart TV Class Action Suit

On July 12, 2018, two U.S. Senators sent a letter to the Federal Trade Commission asking it to investigate the privacy policies and practices of smart TV manufacturers. The Senators cite the history of unique privacy concerns raised by companies tracking information about the content viewers watch on TV.
Continue Reading Senators Ask FTC to Investigate Smart TV Manufacturers