Alan Friel

Alan Friel

BakerHostetler

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FTC Report on Big Data Outlines Usage Limitations Under Federal Law

On January 6, 2016 the Federal Trade Commission (“FTC”) issued the report Big Data: A Tool for Inclusion or Exclusion? Understanding the Issues (“Report”), based on prior workshops and subsequent public comments on Big Data...more

1/18/2016 - Analytics Big Data Data Collection Discrimination FCRA FTC

FTC Prosecutes Serving of Behavior Ads on Kids’ Apps

The Federal Trade Commission reminded publishers and advertisers recently that the Children’s Online Privacy Protection Act (COPPA) prohibits data collection, absent verified parental consent, for behavioral (interest-based)...more

1/8/2016 - Behavioral Advertising COPPA Data Collection FTC Mobile App Privacy Guidelines Parental Consent

LabMD and Wyndham Decisions Curtail FTC’s Data Privacy and Security Reach

Both the administrative law judge’s decision in LabMD and the Third Circuit’s recent decision in Wyndham, which we previously blogged about, put the FTC on notice that it cannot assume that in the wake of a security breach,...more

1/6/2016 - ALJ COPPA Data Protection FTC FTC Act FTC v Wyndham HIPAA LabMD Popular Section 5

FTC Issues Native Ad Guidance

We have been closely following the evolution of “native advertising” and the regulatory response since before the FTC’s Workshop “Blurred Lines: Advertising or Content?” over two years ago. Applying traditional FTC...more

12/31/2015 - Disclosure FTC FTC Act Native Advertising Section 5 Unfair or Deceptive Trade Practices

What the FTC’s Settlement With Wyndham Means for Your Company

The recent settlement entered into between the Federal Trade Commission (FTC) Wyndham Hotels and Resorts and related companies (Wyndham) provides an important roadmap for companies seeking to avoid running afoul of the FTC’s...more

12/21/2015 - Cybersecurity Data Breach FTC Act FTC v Wyndham Personally Identifiable Information Section 5 Unfair or Deceptive Trade Practices

The FTC and DAA Set Their Sights on Cross-Device Tracking

Gone are the days of single-browser tracking. Accordingly, cross-device tracking – the process of tracking a single consumer across all of the consumer’s devices – is the new Holy Grail for marketers. Both the Federal Trade...more

12/10/2015 - Cross-Device Digital Advertising Alliance FTC Internet of Things Personal Data Web Tracking

Challenging FTC Regulation of Cyber-security After FTC v. Wyndham

The Third Circuit interlocutory decision in Federal Trade Commission v. Wyndham Worldwide Corporation was widely reported as a big win for the Federal Trade Commission (“FTC”). But on closer examination, it was a split...more

11/5/2015 - Consent Order Cybersecurity Data Security FTC FTC Act FTC v Wyndham Interlocutory Orders Motion to Dismiss Popular Regulatory Standards Unfair or Deceptive Trade Practices Wyndham

CA AG Requires Chief Privacy Officer and Privacy Compliance Program

California’s Attorney General, Kamala Harris, has required Houzz, a home décor information and e-commerce website and mobile app publisher, to hire a chief privacy officer (CPO), conduct a company-wide privacy assessment, and...more

10/6/2015 - Best Practices Compliance CPO Cybersecurity Data Protection Data Security Design Professionals E-Commerce Final Judgment Internet Internet Privacy Mobile App Privacy Guidelines Mobile Apps Mobile Privacy Permanent Injunctions Popular Privacy Concerns Privacy Laws Reporting Requirements Settlement Websites

FCC’s New TCPA Order May Require Companies to Obtain Updated Consents for Marketing Calls and Texts

Last week we published an overview of key issues raised by the Federal Communications Commission’s July 10, 2015, Declaratory Ruling and Order regarding the Telephone Consumer Protection Act (the “July 2015 Order”). The July...more

7/23/2015 - Compliance FCC Prior Express Consent Robocalling TCPA Telecommunications Telemarketing Text Messages Texting

FTC Clarifies Native and Online Ad Obligations

The FTC, in recent staff statements, has sought to clarify advertisers’ and publishers’ obligations regarding native advertising and social media promotions, particularly regarding when and how to clarify to readers that a...more

6/18/2015 - Advertising Affiliate Marketers Contests & Promotions FTC Native Advertising Online Advertisements Online Reviews Popular Social Media Social Networks

YouTube Offers Owners Way to Age-Restrict Content

Earlier this year Google launched an app called YouTube Kids, which it describes as offering “popular children’s programming, plus kid-friendly content from filmmakers, teachers, and creators all around the world.” In...more

6/8/2015 - CARU COPPA Data Collection Google Online Advertisements Parental Consent YouTube

Self-Regulatory Authorities Police Online Ad Industry in Another Sweep

Interest-based advertising (IBA), also known as behavioral advertising, creates profiles of consumers based on their online activities over time and across services, and uses them to send consumers relevant, targeted ads. To...more

5/25/2015 - Advertising Data Collection Digital Advertising Alliance Internet Opt-In Websites

Take Care in Using Consumer Data to Drive Dynamic Pricing of E-Commerce

Dynamic pricing is the practice of offering different prices to consumers based on various factors designed to maximize sales and profits, which may include the retailer’s perception of the willingness of a particular...more

5/6/2015 - Analytics Discrimination E-Commerce FTC Internet Retailers Retailers Unruh Civil Rights Act

Enforcement Priorities and Trends in Children's and Minors' Advertising and Privacy

BakerHostetler's Alan Friel recently interviewed FTC staff lawyer Kandi Parsons and Assistant New Jersey Attorney General Elliot Sibers at the opening session of the Children's Advertising Review Unit ("CARU") of the...more

11/10/2014 - Advertising Children's Online Games COPPA Corporate Counsel Facebook FTC Minors Mobile Apps Mobile Devices Popular Privacy Laws Social Media Strategic Enforcement Plan

Guidelines for Sponsored Content and Native Advertising

“Native advertising” has become popular with advertisers and publishers, but it has raised concerns by the Federal Trade Commission and NAD, the advertising self-regulatory organization, and spawned lawsuits by content owners...more

11/7/2014 - Advertising Content Marketing First Amendment FTC Infringement NAD Native Advertising

California Continues to Regulate Privacy and Advertising to Minors in New Law Regulating School-related Online Services

On September 29, 2014, California Governor Jerry Brown signed SB 1177 into law, effective Jan 1, 2015. The new privacy and advertising regulation goes beyond FERPA, the federal student privacy law, and existing state student...more

10/1/2014 - Advertising FERPA New Legislation Online Advertisements Online Education Personally Identifiable Information Privacy Laws Public Schools Students

Yikes, Yelp! Targeted In FTC’s Stepped Up Enforcement of Children’s Privacy – General Audience Services Take Heed

Signaling a predicted renewal of enforcement of the federal children’s privacy law following broad expansion last year of who and what is covered by the rules, the FTC has filed and settled two recent law suits against mobile...more

9/18/2014 - COPPA Enforcement Enforcement Actions FTC Yelp

New CA Privacy Disclosure Requirements Clarified By AG

California has a number of privacy notice requirements for businesses collecting data from California residents, including as of January 1 of this year a requirement that websites, mobile apps and online services make certain...more

5/24/2014 - Attorney Generals Behavioral Advertising Data Collection Disclosure Requirements Do Not Track Guidance Update Internet Mobile Apps Notice Requirements Privacy Laws Websites

Ill Conceived California Privacy Bill Threatens Viability Of Commercial Educational Online Services

SB 1177, the Student Online Privacy Protection Act was recently introduced in the California legislature. This is a bad bill for the private educational industry, and ultimately for parents and students. It would drastically...more

4/14/2014 - Disclosure FERPA Internet Marketing Students

When Can Online Terms of Use and Privacy Policies Be Changed?

Recently, a California court dismissed a plaintiff’s claims that Instagram’s updated Terms of Services constituted a breach of the covenant of good faith and fair dealing implied in all contacts because Instagram took...more

3/14/2014 - Covenant of Good Faith and Fair Dealing Instagram Privacy Policy Terms of Service Terms of Use Zappos

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