On February 12, 2019, the Federal Trade Commission announced the completion of the first regulatory review of the CAN-SPAM Rule, voting to retain the CAN-SPAM Rule with no modifications.
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Austrian DPA Issues Decision on Validity of Cookie Consent Solution
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On November 30, 2018, the Austrian Data Protection Authority published a decision in response to a complaint received from an individual regarding the cookie consent options offered on an Austrian newspaper’s website.…
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CNIL Details Rules on Audience and Traffic Measuring in Publicly Accessible Areas
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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.…
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Senators Ask FTC to Investigate Smart TV Manufacturers
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Posted in Behavioral Advertising, Information Security
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.…
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Massachusetts AG Settles Geofencing Case
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On April 4, 2017, the Massachusetts Attorney General’s office announced a settlement with Copley Advertising LLC in a case involving geofencing. …
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FTC Announces Settlement Regarding Collecting Consumer TV Viewing Data
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Posted in Enforcement, Information Security
On February 6, 2017, the FTC announced that it has agreed to settle charges that VIZIO, Inc., installed software on about 11 million consumer televisions to collect viewing data without consumers’ knowledge or consent. The stipulated federal court order requires VIZIO to pay 2.2 million dollars to the FTC and New Jersey Division of Consumer Affairs. …
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FTC Announces Settlement Regarding Targeted Digital Advertising
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Posted in Marketing, Online Privacy
On December 20, 2016, the FTC announced that it has agreed to settle charges that Turn Inc., a company that enables commercial brands and ad agencies to target digital advertising to consumers, tracked consumers online even after consumers took steps to opt out of tracking. …
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FTC Releases Summary of Workshop on Privacy Disclosures
On November 30, 2016, the FTC released a staff summary of a recent public workshop called Putting Disclosures to the Test. The workshop examined ways of testing and evaluating company disclosures regarding advertising claims and privacy practices. …
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FTC Issues Guidance on Native Advertising: Businesses Must Consider the Likelihood of Consumer Confusion
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Posted in Enforcement, Marketing
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.…
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FTC Announces Largest Settlement Ever with LifeLock
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Posted in Enforcement, U.S. Federal Law
The Federal Trade Commission recently announced that LifeLock, Inc., has agreed to pay 100 million USD to settle contempt charges for deceptive advertising.…
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