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Native Advertisers Face Closer Scrutiny From Industry Self-Regulatory Bodies

With paywalls and premium subscriptions finding only modest success, paid advertisements remain the primary means of generating revenue from online content. Native advertising has emerged as a leader in the competition for ad...more

Advertising Law - December 2014

SPECIAL FOCUS: Adding You to My Professional Network Emails May End Up Being Costly for LinkedIn as Publicity Rights Suit Moves Forward: A putative class action alleging that LinkedIn Corp. violated their right of...more

State AGs Looking to Crack Down on Telemarketers Press FCC and FTC

A majority of the nation’s state and territorial Attorneys General have collectively urged the Federal Communications Commission and Federal Trade Commission to revisit rules and policies in ways that would help law...more

Federal Trade Commission Shows Willingness to Credit Responsive Data Security Efforts in Exercising Enforcement Authority

In a change of pace, the Federal Trade Commission (“FTC”) recently decided not to pursue an enforcement action against Verizon Communication, Inc. (“Verizon”) following an investigation into whether Verizon violated Section 5...more

AgeCheq, Inc. Looking for Second Bite at the Parental Consent Apple

The Federal Trade Commission announced that it has denied AgeCheq, Inc.’s proposed verifiable parental consent method application, which relied on existing verifiable consent methods but also utilized a third-party common...more

#Ubergate Makes Plain That Privacy Cannot Be a Passing Thought for Start-Ups

The long-brewing behind-the-scenes tensions of privacy, big data, and mobile finally came to a head last week in the public relations disaster known as #Ubergate. Uber’s meteoric rise to the pinnacle of the rideshare start-up...more

FTC Challenges Privacy Self-Regulation Offered by TRUSTe

The Federal Trade Commission (FTC) recently announced an enforcement action against TRUSTe, a provider of privacy certifications for online businesses. The settlement resolves allegations that TRUSTe deceived consumers about...more

Privacy Policies 2.0: Making Disclosures More Meaningful

Website privacy policies are a ubiquitous fact of web life, intended to allow users to easily understand the personal information being collected by a website and how that site uses and shares that information. Over time,...more

Report from an Energized Brand Activation Association Marketing Law Conference

Ifrah Law is a proud member the Brand Activation Association (“BAA”). This week, we attended the BAA’s 36th annual BAA Marketing Law Conference in Chicago. Just as “Mad Men” reflects the 1960’s era advertising business, this...more

Eye on Privacy Newsletter - October 2014

In this issue: - FTC Recommends Improved Transparency and Security in Mobile Shopping Apps - Appellate Courts to Address What Constitutes an "Automatic Telephone Dialing System" Under the TCPA -...more

COPPA Compliance is Important for General Audience Websites, Too

Yelp’s $450,000 settlement with the FTC in September should serve as an important reminder for all owners and operators of websites or mobile apps – even if your site is not for kids, you need to know and abidge by what the...more

Advertising Law - October 2014 #2

Hashtags and Ads: Top 10 Legal Considerations for Brands Involved in Digital and Social Media Advertising - Advertising, marketing and promotions, both via digital and traditional channels, are governed in the United...more

Mobilizing on Mobile Apps: The FTC’s Comment to the CFPB Signals its Priorities

In recent months, the Federal Trade Commission (“FTC”) has been steadily ramping up its efforts to monitor, regulate, and provide best practice guidance in the rapidly expanding field of mobile applications. On September 10,...more

More Kids' Privacy News: Calif. Passes Law on Student Privacy and Advertising (SOPIPA) and FTC on the Hunt

California Gov. Jerry Brown signed into law Monday, August 29, 2014, a law aimed at restricting the use of students' educational data by third-party vendors, making this one of the more restrictive and sweeping state privacy...more

Yelp and TinyCo Settle FTC Charges of COPPA Violations

The Federal Trade Commission (FTC) recently announced a settlement with online review site, Yelp, Inc., and mobile app developer, TinyCo, Inc., against separate charges that the companies were collecting children’s...more

Caution: Your Mobile App May Unintentionally Violate COPPA

As online activity shifts to mobile devices, regulators are watching. Last week, Yelp agreed to settle a claim with the FTC for $450,000 for its alleged violations of the Children’s Online Privacy Protection Act (COPPA). As...more

Guide To Doing Business in Australia: Competition and Consumer Protection

COMPETITION AND CONSUMER PROTECTION - Australia has extensive competition and consumer laws dealing with, among other things, the promotion of competition and consumer protection. This section provides an introduction...more

Digital Marketing Minute: A Bad Review for Yelp

The Federal Trade Commission (FTC) announced last week that Yelp – the online service through which consumers can read and write reviews about local businesses, has agreed to pay $450,000 to settle the FTC’s charges that Yelp...more

Google Settles With FTC Over In-App Purchases Dispute

Google reached a major settlement with the FTC this month, agreeing to pay $19 million to consumers whose children made purchases through Google Play, an Android-based app store. The agency alleged that Google did not...more

COPPA Update: Ask and Ye Shall Receive…Actual Knowledge

Online services that ask for the age of users as part of the registration process will be deemed to have “actual knowledge” of that information. Whether or not one’s site is directed to children, a registration process that...more

Breaking News: The COPPA Enforcement Actions Are Here!

As we predicted in prior blog posts, the Federal Trade Commission has begun its vigorous enforcement of the Amended COPPA Rule. And one of the players is not a child-related site, so read on. The Commission just announced ...more

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

FTC Approves iKeepSafe Program as COPPA Safe Harbor

The Federal Trade Commission (FTC) has approved iKeepSafe as a self-regulatory "safe harbor" program under the Children's Online Privacy Protection Act (COPPA). The FTC's COPPA Rule requires, among other things, that online...more

Federal Trade Commission Checks Out Mobile Shopping Apps

In August, the Federal Trade Commission (“FTC”) released a staff report concerning mobile shopping applications (“apps”). FTC staff reviewed some of the most popular apps consumers utilize to comparison shop, collect and...more

FTC Finalizes Mobile Application Privacy Settlements

On August 19, the FTC approved final orders resolving allegations that two companies: (i) misrepresented the level of security of their mobile applications; and (ii) failed to secure the transmission of millions of consumers’...more

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