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 June 21, 2022, the Colorado Attorney General’s Office announced it is seeking informal input from the public on its rulemaking related to the Colorado Privacy Act (“CPA”). Before starting its formal rulemaking process, the Office has indicated it wants to better “understand the community’s thoughts and concerns about data privacy.”

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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 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

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