Yesterday, the American Bar Association Forum on Communications Law and the ABA Center for Continuing Legal Education sponsored the program “Marketing to Minors: Traps for the Unwary in a Rapidly Evolving Legal Landscape.”  Representatives from the Federal Trade Commission, Federal Communications Commission, and Gannett provided an overview of the current rules for marketing to children, discussed the status of a number of ongoing proceedings that propose changes to these rules, and explained how industry is reacting. 

Of particular interest were the remarks of Phyllis Marcus, senior staff attorney in the FTC’s Division of Advertising Practices.  Ms. Marcus explained why the agency is undertaking a review of its COPPA Rule and noted that she didn’t think the agency was “too far away” from making a decision on whether or not the Rule needs updating.  (COPPA governs website operator’s online collection, use, and disclosure of personal information from children under 13.)  Ms. Marcus also explained that, even though Facebook requires users to be 13 or over, marketers with Facebook pages “should be reviewing pages and unfriending people who are, or appear to be, underage.”  She acknowledged that some might view this interpretation as “controversial,” but encouraged marketers to adopt this approach as a best practice.  And if a marketer’s Facebook page is likely to attract children, she warned that the marketer needs “to be very, very careful.”

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Photo of Lindsey Tonsager Lindsey Tonsager

Lindsey Tonsager co-chairs the firm’s global Data Privacy and Cybersecurity practice. She advises clients in their strategic and proactive engagement with the Federal Trade Commission, the U.S. Congress, the California Privacy Protection Agency, and state attorneys general on proposed changes to data protection…

Lindsey Tonsager co-chairs the firm’s global Data Privacy and Cybersecurity practice. She advises clients in their strategic and proactive engagement with the Federal Trade Commission, the U.S. Congress, the California Privacy Protection Agency, and state attorneys general on proposed changes to data protection laws, and regularly represents clients in responding to investigations and enforcement actions involving their privacy and information security practices.

Lindsey’s practice focuses on helping clients launch new products and services that implicate the laws governing the use of artificial intelligence, data processing for connected devices, biometrics, online advertising, endorsements and testimonials in advertising and social media, the collection of personal information from children and students online, e-mail marketing, disclosures of video viewing information, and new technologies.

Lindsey also assesses privacy and data security risks in complex corporate transactions where personal data is a critical asset or data processing risks are otherwise material. In light of a dynamic regulatory environment where new state, federal, and international data protection laws are always on the horizon and enforcement priorities are shifting, she focuses on designing risk-based, global privacy programs for clients that can keep pace with evolving legal requirements and efficiently leverage the clients’ existing privacy policies and practices. She conducts data protection assessments to benchmark against legal requirements and industry trends and proposes practical risk mitigation measures.