Tag Archives: Opt-Out

Senators Klobuchar and Kennedy Introduce Privacy Legislation

On April 24, 2018, Senators Amy Klobuchar (D-MN) and John Kennedy (R-LA) introduced the Social Media Privacy and Consumer Rights Act of 2018.  The bill aims to protect consumers’ online data by increasing the transparency of data collection and tracking practices, and requiring companies to notify consumers of a privacy violation within 72 hours. “Our … Continue Reading

Senate Democrats Propose CONSENT Act

By Alyson Sandler On April 10, Senators Richard Blumenthal (D-CT) and Ed Markey (D-MA) introduced new privacy legislation titled the Customer Online Notification for Stopping Edge-provider Network Transgressions (CONSENT) Act.  In a statement published on his website, Senator Markey referred to the legislation as a “privacy bill of rights” and explained that “[t]he avalanche of … Continue Reading

New Republican Privacy Bill Would Expand Scope of “Sensitive” Data

Representative Marsha Blackburn (R-TN) has introduced a bill, the “Balancing the Rights of Web Surfers Equally and Responsibly Act of 2017” (“BROWSER Act,” H.R. 2520) that would  create new online privacy requirements.  The BROWSER Act would require both ISPs and edge providers (essentially any service provided over the Internet) to provide users with notice of … Continue Reading

Parties Involved in TCPA Fax Litigation May Qualify for Relief

The FCC recently agreed to grant limited waivers for violations of its “opt out notice” rule for solicited faxes (i.e., faxes sent with the recipient’s prior express invitation or permission).  That rule requires that senders of faxes include opt-out notices on fax transmissions that contain advertisements or promotions.  The FCC initially promulgated its opt-out notice … Continue Reading

FCC: Sending Opt-Out Confirmation Text Does Not Violate TCPA

The Federal Communications Commission has ruled that companies may send a one-time text message to confirm that a subscriber has opted out of receiving text messages without violating the Telephone Consumer Protection Act (TCPA).  In the FCC’s view, if a consumer has consented to receiving text messages and subsequently opts out, the consumer’s prior express … Continue Reading

Mobile Advertising Self-Regulatory Groups Work To Address Privacy Concerns

In the face of calls by the FTC for improved mobile privacy protections, as well as interest by members of Congress, mobile advertising companies are actively working on privacy initiatives.  Yesterday, a group of companies in the mobile advertising industry announced that they are working to create an industry standard for anonymous mobile device identification.  … Continue Reading

FCC Adopts New Telemarketing Restrictions

Today, the Federal Communications Commission adopted new rules that strengthen its restrictions on autodialed or prerecorded telemarketing calls.  The FCC billed the new rules as an effort to maintain consistency with the Federal Trade Commission’s telemarketing sales rule, which also governs telemarketing calls, and to give consumers control over the calls that they receive. Under … Continue Reading

Court Permits Class Action to Proceed Where Text Message Confirmed Opt Out Request

Last week, a federal judge denied a motion to dismiss a putative class action brought under the Telephone Consumer Protection Act (TCPA) against Citibank concerning its transmission of text messages.  The case — Ryabyshchuk v. Citibank N.A., — is notable because one of the issues it addresses is whether an entity that transmits a text message … Continue Reading

Self-Regulatory Council Releases Enforcement Decisions

Earlier this week, the industry self-regulatory program set up by online advertisers to deal with reported privacy problems released decisions in its first six compliance cases.  The Online Internet-Based Advertising Accountability Program, which was established in August, determines whether reported businesses are complying with the self-regulatory principles for online behavioral advertising.  The Better Business Bureau … Continue Reading

FTC Reaches Settlement with Online Advertiser Chitika on Opt-Outs

Earlier this week, the Federal Trade Commission announced that it has reached a settlement with Chitika, Inc., an ad network that tracks a user’s online activities in order to deliver advertising targeted to the individual user’s interests.  In its complaint, the FTC claimed that Chitika made statements that (1) users could opt out of targeted advertising by clicking on an “Opt-Out” button and (2) … 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
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