Tag Archives: Advertising

FCC Obtains Record $7.5 Million Settlement With Sprint for Alleged Do-Not-Call Violations

Earlier this week, the FCC announced that mobile wireless company Sprint will pay $7.5 million to resolve allegations that the company failed to honor consumer requests to be placed on Sprint’s entity-specific Do-Not-Call list.  The settlement represents the largest of its kind between the FCC and a carrier. Through this settlement agreement, which follows a … Continue Reading

FCC Fines Company $2.9 Million for Political Robocalls to Cell Phones

Last week, the Federal Communications Commission announced plans to fine Dialing Services, LLC, nearly $3 million for making illegal “robocalls” to cell phones. The FCC has specific rules for automatic telephone dialing systems, also known as “autodialers,” that have the capacity to produce, store, and dial telephone numbers using a random or sequential number generator. … Continue Reading

FDA Issues Untitled Letter Focused On Promotional Claims On Facebook

FDA has previously included claims made on Facebook or other social media platforms along with broader allegations of misbranding using a variety of sources in its enforcement letters . . . [b]y contrast, the present untitled letter focuses solely on a single statement on a Facebook page, and does not take issue with any statements outside the Facebook page.… Continue Reading

European Regulators and the Eternal Cookie Debate

By Dan Cooper and Mark Young This week, the Article 29 Working Party (the “WP29”) released an opinion paper on what constitutes “consent” for purposes of complying with the EU’s “cookie” rules — rules that were revised to include a consent requirement nearly four years ago.  The paper will be relevant to website providers that … Continue Reading

CA Governor Signs Bill Providing Online Protections For Minors

Earlier this month, we blogged about the California Senate’s passage of the bill titled “Privacy Rights for California Minors in the Digital World”, which prohibits certain targeted advertising to California minors and requires that minors be allowed to delete materials they have posted online.  Yesterday, California Governor Jerry Brown signed the legislation, and it will … Continue Reading

The DAA Principles Applied to Mobile: Key Takeaways

The Digital Advertising Alliance (“DAA”) recently released a guidance document titled Application of Self-Regulatory Principles to the Mobile Environment (“Mobile Guidance”).  The Mobile Guidance does not purport to establish new principles, but rather to explain how the DAA’s existing principles — the Self-Regulatory Principles for Online Behavioral Advertising and for Multi-Site Data — apply to the … Continue Reading

FTC Releases New Guidance For Online Advertising Disclosures

On March 12, 2013, the Federal Trade Commission (FTC) released new guidance for online advertisers, providing specific tips and examples of how to make disclosures clear and conspicuous, and, therefore, not deceptive in the context of emerging technologies, space-constrained screens, and social media platforms. The guidelines—titled “.com Disclosures:  How to Make Effective Disclosures in Digital … Continue Reading

Company Releases Industry Guidelines for Mobile App Advertising

Mobile security firm Lookout has issued guidelines to help mobile ad providers and app developers standardize privacy practices for app-based mobile ads.  According to Lookout Chief Technology Officer Kevin Mahaffey, the guidelines are intended to provide guidance about what constitutes “acceptable behavior” in the mobile ad ecosystem, and to “fix this problem before it gets … Continue Reading

What Happened at the FTC Advertising and Privacy Disclosures Workshop? (Part 2 of 2)

The afternoon panels at yesterday’s FTC workshop focused on mobile issues, with the first focusing on mobile advertising disclosures and the second focusing on mobile privacy disclosures. Some themes were common to both panels.  In particular, panelists in both sessions identified the unique challenges of designing disclosures that will effectively communicate with consumers who often … Continue Reading

FTC Publishes Preliminary Agenda for Digital Advertising Disclosures Workshop

The Federal Trade Commission recently announced a preliminary agenda for its upcoming public workshop called Advertising and Privacy Disclosures in a Digital World.  The goal of the workshop is to discuss revisions to the Dot Com Disclosures, the FTC’s current guidance document on online advertising disclosures, which was published in 2000. The Dot Com Disclosures discusses … Continue Reading

IAB’s Video Suite To Support Display of In-Ad Privacy Notices

The Digital Advertising Alliance’s Self-Regulatory Program for Online Behavioral Advertising continues to gather steam.  Last month, after the Program garnered favorable mention in the FTC’s final privacy report, a representative of the Interactive Advertising Bureau (one of the DAA’s participating organizations) announced that the Program’s Advertising Option Icon is now being served in more than … Continue Reading

Upromise Settles FTC Privacy Charges

Yesterday, the FTC announced that it has settled charges against Upromise, Inc., a company that enables consumers to receive rebates when shopping at partner merchants.  (The rebates are placed in college savings accounts—hence Upromise’s name.)  According to the Commission’s complaint, Upromise offered online users a toolbar feature, which, when downloaded, would highlight Upromise’s partners in … Continue Reading

FTC To Hold Facial Recognition Technology Workshop

The Federal Trade Commission announced this week that it will host a workshop to explore potential privacy and security implications raised by the increasing use of facial recognition technology.  The discussion will take place on December 8, 2011 in Washington, DC. According to the FTC, the workshop, which is free and open to the public, … Continue Reading

Growing Diversity in Advertising Opt Outs

A former intern at the controversial company RapLeaf has launched a new privacy manager site called SelectOut, which helps users opt out of behavioral advertisements online.  As of the end of January, SelectOut had already facilitated 50,000 opt outs.   SelectOut offers similar features to the opt-out features available at AboutAds.info, a site sponsored by … Continue Reading

Apple Sued Again For Alleged Privacy Violations

For the fourth time in the past two months, Apple has been sued for allegedly violating the privacy of iPad and iPhone users.  Like the previous three suits (two of which we discussed in this post), Rodimer v. Apple, Inc. [PDF] alleges that Apple transmitted “personal information,” including Unique Device IDs (“UDIDs”) to application developers, who, in … Continue Reading

Come Clean on Paid-For Tweets, says UK Authority

The Office of Fair Trading, the UK’s answer to the FTC, has established its position on paid-for plugging on social media websites.  According to an announcement issued last month by the OFT relating to an enforcement action pursued against a small UK media firm, online advertising and marketing that fails to disclose that it contains paid-for promotions … Continue Reading

Administration Announces Office to Build “Identity Ecosystem”

The White House is establishing a new office to work with industry to develop an online “identity ecosystem” in which consumers and businesses can transact securely and privately without the need for passwords.  U.S. Commerce Secretary Gary Locke and White House Cybersecurity Coordinator Howard Schmidt recently announced plans to create the new “National Program Office,” … Continue Reading

Court Holds Subscribers Consented to “Deep Packet Inspection”

The United States District Court for the District of Montana has dismissed [PDF] several class action claims against the Internet service provider Bresnan Communications arising out of its partnership with the controversial (and now defunct) online advertising firm NebuAd.  Bresnan subscribers alleged that the ISP allowed NebuAd to test a system to profile subscribers’ online activity using deep packet inspection … Continue Reading

Mobile Marketing Association to Create Privacy Guidelines

Just days after the Wall Street Journal reported that a number of popular mobile phone applications have been transmitting information about users to third parties without consent, the Mobile Marketing Association has announced a plan to create privacy guidelines for mobile advertising.  The Journal‘s article had quoted an MMA official as saying that “[i]n the … Continue Reading

European Parliament Says Targeted Online Advertising Threatens Privacy

The European Parliament has approved a resolution asking the Commission to carry out an in-depth study of “new advertising practices.”  Parliament is concerned about “the routine use of behavioral advertising and the development of intrusive advertising practices (such as reading the content of e-mails, using social networks and geolocation, and retargeted advertising) which constitute attacks on … Continue Reading
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