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Article 29 Working Party and EDPS Release Opinions on the ePrivacy Directive

On July 25, 2016, the Article 29 Working Party and the European Data Protection Supervisor released their respective Opinions regarding the evaluation and review of Directive 2002/58/EC on privacy and electronic communications. Both the Working Party and the EDPS stressed that new rules should complement the protections available under the EU General Data Protection Regulation. … Continue Reading

Ad Network to Pay Nearly 1 Million in Civil Penalties to Settle FTC Charges That It Geo-Tracked Consumers Without Permission

On June 22, 2016, the Federal Trade Commission announced that it reached a settlement with a mobile advertising company, InMobi, to resolve charges that the company deceptively tracked hundreds of millions of consumers’ locations without their knowledge or consent. Among other requirements, the settlement orders the company to pay 950,000 dollars in civil penalties. … Continue Reading

The New Wave of Consumer Class Actions Targeting Retailers: What is the TCCWNA?

TCCWNA. The very acronym evokes head scratches and sighs of angst and frustration among many in the retail industry. The New Jersey Truth-in-Consumer Contract Warranty and Notice Act was passed in 1981 to protect consumers from allegedly deceptive practices in consumer contracts, warranties, notices and signs. Continue reading for an in-depth view of the TCCWNA and what retailers can do to minimize risk. … Continue Reading

New Do-Not-Call List Launched in France

On June 1, 2016, a new do-not-call list was implemented in France. French residents who do not wish to receive marketing phone calls may register their landline or mobile phone number online at www.bloctel.gouv.fr.… Continue Reading

FTC Issues Guidance on Native Advertising: Businesses Must Consider the Likelihood of Consumer Confusion

The Federal Trade Commission issued enforcement guidance on “native advertising” — ads that purposely are formatted to appear as noncommercial and are integrated into surrounding editorial content. The agency’s guidance took two parts: an Enforcement Policy Statement on deceptively formatted ads, and a Guide for Business on native advertising. Importantly, the FTC notes that its policy statement does not apply just to advertisers but also applies to other parties that help create the content: ad agencies, ad networks and potentially, publishers.… Continue Reading

FTC Issues COPPA Settlements Against Mobile App Operators

On December 17, 2015, the FTC announced a pair of COPPA settlements against operators of child-direct mobile apps available for download in the major app stores. These cases are the FTC’s first COPPA actions involving the collection of persistent identifiers from children since the FTC’s updated COPPA Rule went into effect in 2013.… Continue Reading

ICO to Investigate Data Sharing for Marketing by UK Charities

On September 2, 2015, the Information Commissioner’s Office announced an investigation into the data sharing practices of charities in the United Kingdom. The announcement follows the publication of an article in a UK newspaper highlighting the data sharing and marketing practices of certain charities.… Continue Reading

Department of Education Releases Guidance for Schools Regarding Terms of Service Offered by Providers of Online Educational Services

On February 26, 2015, the Department of Education’s Privacy Technical Assistance Center issued guidance to assist schools, school districts and vendors with understanding the primary laws regulating student privacy and how compliance with those laws may be affected by Terms of Service offered by providers of online educational services and mobile applications.… Continue Reading

German DPA Appeals Court Decision on Facebook Fan Pages and Suggests Clarification by ECJ on Data Controllership

On January 14, 2015, the data protection authority of the German federal state of Schleswig-Holstein issued an appeal challenging a September 4, 2014 decision by the Administrative Court of Appeals, which held that companies using Facebook’s fan pages cannot be held responsible for data protection law violations committed by Facebook because the companies do not have any control over the use of the data. … Continue Reading

Bank of America Finalizes 32 Million Dollar Settlement in TCPA Class Action

On September 2, 2014, a federal district court in California granted final approval to a settlement ending a class action against Bank of America and FIA Card Services. The suit stemmed from allegations that the defendants violated the Telephone Consumer Protection Act when they called or texted consumers' cell phones without the consumers' prior express consent. … Continue Reading
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