Advertising Law -- January 27, 2012

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In This Issue:

  • FTC, Upromise Reach Settlement over Data Collection Practices
  • Diet Supplement Company Settles for $1.5 Million
  • Requests for Personal Info Legal for Online, Kiosk Transactions, Court Rules
  • Another FTC Settlement over Deceptive Acai Berry Marketing
  • Noted and Quoted. . . Law360 Taps Becca Wahlquist to Discuss Supreme Court Ruling on TCPA

Excerpt from FTC, Upromise Reach Settlement over Data Collection Practices

Upromise, a membership rewards service for those trying to save money for college, recently settled with the Federal Trade Commission over charges that it collected consumers’ personal information without adequate disclosures.

Consumers enrolled in the Upromise service received a rebate when they purchased goods or services from Upromise partners. The company’s Web site also offered a “TurboSaver Toolbar” download that highlights partners’ products in consumers’ search results with “Personalized Offers” in order “to provide college savings opportunities tailored to you.” But according to the FTC, the feature in fact tracked consumers’ Internet history and collected “extensive” personal information, such as user names, passwords, search terms, and even credit card and financial account numbers, security codes and expiration dates. Upromise then transmitted the information without encryption.

Please see full newsletter below for more information.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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