On August 10, 2022, the Consumer Financial Protection Bureau issued a new interpretive rule clarifying when digital marketing providers must comply with federal consumer financial protection law. Under the new rule, Big Tech companies that use behavioral advertising techniques to market financial products will be subject to the Consumer Financial Protection Act of 2010.
Continue Reading New CFPB Interpretive Rule Targets Digital Marketing Providers

On August 23, 2022, the Federal Trade Commission announced it is seeking additional public comment on “how children are affected by digital advertising and marketing messages that may blur the line between ads and entertainment” in conjunction with its “Protecting Kids from Stealth Advertising in Digital Media” event on October 19, 2022.
Continue Reading FTC Extends Public Comment Period on Advertising to Kids in Digital Media

On June 3, 2022, the Federal Trade Commission announced it is seeking public comment on its 2013 guidance, “.com Disclosures: How to Make Effective Disclosures in Digital Advertising.” The public can provide comments on possible updates to the guidance through August 2, 2022.
Continue Reading FTC Seeks Public Comment on Modernizing Its Digital Deception Guidance

On March 24, 2022, the European Union unveiled the final text of the Digital Markets Act that was reached following trilogue negotiations between the European Commission, European Parliament and EU Member States.
Continue Reading European Union Reached a Political Agreement on the Digital Markets Act

On March 1, 2022, President Biden, in his first State of the Union address, called on Congress to strengthen privacy protections for children, including by banning online platforms from excessive data collection and targeted advertising for children and young people.
Continue Reading President Biden Calls for Stronger Privacy Protections for Children in State of the Union

On February 14, 2022, Noom Inc., a popular weight loss and fitness app, agreed to pay $56 million, and provide an additional $6 million in subscription credits to settle a putative class action in New York federal court.
Continue Reading Fitness App Agrees to Pay $56 Million to Settle Class Action Alleging Dark Pattern Practices

On February 2, 2022, the Litigation Chamber of the Belgian Data Protection Authority imposed a 250,000 Euro fine against the Interactive Advertising Bureau Europe for several alleged infringements of the GDPR, following an investigation into IAB Europe’s Transparency and Consent Framework.
Continue Reading Belgian DPA Finds IAB Europe Transparency and Consent Framework in Violation of the GDPR

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