The Austrian data protection authority recently published a decision finding that the use of Google Analytics cookies violates both Chapter V of the GDPR, which establishes the rules on international data transfers, and the Schrems II judgment of the Court of Justice of the European Union.
Continue Reading Austrian DPA Finds Data Transfers Resulting from Analytics Cookie Use to Be in Violation of GDPR Data Transfer Requirements

Earlier this month, the Federal Trade Commission reached a $1.5 million settlement with loan application company ITMedia Solutions LLC over alleged violations of the FTC Act and Fair Credit Reporting Act. The FTC alleged that ITMedia deceptively acquired and indiscriminately shared consumers’ sensitive personal information under the guise of connecting them with lenders.
Continue Reading FTC Settles with Loan Application Company Over Alleged Misuse of Sensitive Personal Information

On December 27, 2021, the Federal Trade Commission sought public comment on a petition filed by Accountable Tech calling on the FTC to use its rulemaking authority to prohibit “surveillance advertising” as an “unfair method of competition.”
Continue Reading FTC Seeks Comments on Accountable Tech’s Petition for Rulemaking to Prohibit Surveillance Advertising

On December 15, 2021, the Federal Trade Commission announced a $2 million settlement with OpenX Technologies in connection with alleged violations of the COPPA Rule and the FTC Act. The FTC alleged that OpenX knowingly collected personal information from children under 13 without parental consent and collected geolocation data from users who opted out of being tracked.
Continue Reading FTC Announces $2 Million Settlement with Ad Exchange Over Alleged COPPA Violations

On November 18, 2021, the European Data Protection Board released a statement on the Digital Services Package and Data Strategy. The Digital Services Package and Data Strategy is composed of several legislative proposals that aim to facilitate the further use and sharing of personal data between more public and private parties; support the use of specific technologies, such as Big Data and artificial intelligence; and regulate online platforms and gatekeepers.
Continue Reading EDPB Releases Statement on the Digital Services Package and Data Strategy; Calls for Ban on Targeted Ads

On October 28, 2021, the Federal Trade Commission announced the issuance of a new enforcement policy statement warning companies against using dark patterns that trick consumers into subscribing for services. The policy statement comes in response to rising complaints about deceptive sign-up tactics like unauthorized charges or impossible-to-cancel billing.
Continue Reading New FTC Policy Statement Targets Dark Patterns

As reported on the Hunton Retail Resource Blog, on October 20, 2021, a new wave in the fight against “robocalls” is targeting telemarketing text messages. In the past six months, there has been an uptick in activity at both the state and federal level to reign in telemarketing text messages.
Continue Reading Fight Against Robocalls Is Coming for Telemarketing Text Messages

The Irish Data Protection Commissioner has submitted a draft decision on Facebook Ireland Limited’s data protection compliance to other European regulators under the cooperation mechanism of the EU General Data Protection Regulation. The DPC proposed a fine for infringements of the transparency obligations under the GDPR, specifically with respect to the legal basis upon which Facebook relied.
Continue Reading Irish DPC Draft Decision Permits Facebook to Rely on Contractual Necessity for Behavioral Advertising

On October 15, 2021, the U.S. District Court for the District of Massachusetts entered a final order approving a $14 million class action settlement resolving claims against Hello Fresh for alleged violations of the Telephone Consumer Protection Act, 47 U.S.C. § 227, et seq. According to plaintiffs’ attorneys, this settlement is the largest TCPA class action settlement in Massachusetts state history.
Continue Reading Court Approves Settlement with HelloFresh Over Alleged TCPA Violations