On July 6, 2022, the Better Business Bureau National Programs’ Children’s Advertising Review Unit (“CARU”) announced that it had found Outright Games in violation of the Children’s Online Privacy Protection Act (“COPPA”) and CARU’s Self-Regulatory Guidelines for Advertising and Guidelines for Children’s Online Privacy Protection. Outright Games owns and operates the Bratz Total Fashion Makeover app, which CARU determined to be a “mixed audience” child-directed app subject to COPPA and CARU’s Guidelines due to the app’s subject matter, bright colors, visual content, lively audio and gameplay features.

Continue Reading Children’s Advertising Review Unit Finds Outright Games in Violation of COPPA and CARU’s Advertising and Privacy Guidelines

On July 11, 2022, the Federal Trade Commission’s Bureau of Consumer Protection issued a business alert on businesses’ handling of sensitive data, with a particular focus on location and health data.
Continue Reading FTC Issues Business Alert on Illegal Use and Sharing of Location, Health and other Sensitive Data

On June 22, 2022, the FTC submitted an updated abstract to the Office of Information and Regulatory Affairs indicating that it is considering initiating a rulemaking under Section 18 of the FTC Act to curb lax security practices, limit privacy abuses, and ensure that algorithmic decision-making does not result in unlawful discrimination.
Continue Reading FTC Provides Update on Security and Privacy Rulemaking Process

On June 23, 2022, Italy’s data protection authority determined that a website’s use of the audience measurement tool Google Analytics is not compliant with the EU General Data Protection Regulation, as the tool transfers personal data to the United States, which does not offer an adequate level of data protection.
Continue Reading Italian Garante Bans Google Analytics

On June 16, 2022, the Federal Trade Commission issued a report to Congress titled Combatting Online Harms Through Innovation that urges policymakers and other stakeholders to exercise “great caution” about relying on artificial intelligence to combat harmful online content.
Continue Reading FTC Issues Report to Congress on Using AI to Combat Online Harms

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 June 3, 2022, House Energy and Commerce Chair Rep. Frank Pallone, Ranking Member Rep. Cathy McMorris Rodgers and Senate Commerce, Science and Transportation Committee Ranking Member Sen. Roger Wicker released a new comprehensive federal privacy bill, the American Data Privacy and Protection Act.
Continue Reading House and Senate Release a Bipartisan U.S. Federal Privacy Bill

On May 25, 2022, Twitter reached a proposed $150 million settlement with the Department of Justice and the Federal Trade Commission to resolve allegations that the company deceptively used nonpublic user contact information obtained for account security purposes to serve targeted ads to users.
Continue Reading Twitter to Pay $150 Million to Settle Allegations of Data Misuse

On May 19, 2022, the Federal Trade Commission will hold a virtual open meeting. The meeting’s tentative agenda includes a vote by the FTC on a policy statement prioritizing the enforcement of the Children’s Online Privacy Protection Act as it applies to the use of education technology.
Continue Reading FTC Announces Virtual Open Meeting to Discuss COPPA and Education Technology