News & Analysis as of

Advertising The Children's Online Privacy Protection Act

Advertising Law - June 2017 #2

BART’s App Crashes Into Privacy Suit - San Francisco’s mass transit organization crashed into a class action in which the plaintiff alleged that its mobile app has been illegally collecting personal information from users....more

Advertising Law - June 2017

Recipients of FTC Influencer Letters Revealed - The Federal Trade Commission took on some big-name celebrities and companies when it sent warning letters to influencers and marketers about the need to comply with the...more

Advertising Law - April 2017 #4

Massachusetts AG Fences off Geofencing Ad Campaign - In what appears to be the first time a consumer protection law was used to object to a company engaging in GPS-based ad targeting, Copley Advertising settled with...more

Advertising Law - December 2016 #3

FTC Reports on Disclosure Workshop - Following its September workshop, the Federal Trade Commission published a report on “Putting Disclosures to the Test.” Almost 1,000 individuals attended the workshop—225 in...more

Recent FTC Consent Decree with InMobi for Unlawful Geolocational Tracking Provides Insight for App Developers

Recently in United States v. InMobi Pte Ltd., the Federal Trade Commission (FTC) set a new standard for geolocational tracking. The FTC told app developers and app marketers one simple rule: honor consumers location privacy...more

Advertising Through Social Media: Ten Tips For FTC & NAD Compliance

Most modern advertising campaigns include social media components. In fact, it is not uncommon today to see products advertised exclusively on social media. For the most part, the same rules that govern traditional...more

State Enforcement of COPPA, Federal Online Advertising Law

by Taylor English Duma LLP on

On September 13, 2016, the New York Attorney General announced settlements with four major US toy and media companies regarding their use of online tracking of children who use their websites. Viacom, Inc. (Nickelodeon),...more

FTC sets new standard for mobile app location tracking – indirectly

by Thompson Coburn LLP on

If you have wondered how users' physical locations can be tracked when they use mobile devices, a new white paper explains the process. It's actually an FTC complaint, and thus a white paper only indirectly. But...more

Advertising Law - July 2016 #4

Sen. Franken Hits Pause on Pokémon GO - After the Pokémon GO app was downloaded approximately 7.5 million times in the United States alone in its first week of release, Sen. Al Franken (D-Minn.), the chairman of the...more

InMobi to Pay $950,000 to Settle FTC Charges that it Secretly Tracked Phone Users

by Alston & Bird on

The Federal Trade Commission (“FTC”) announced that InMobi, a Singapore-based mobile advertising company whose products are used by many Android and iOS app makers to deliver advertisements to consumers, will pay $950,000 in...more

Cybersecurity News and Notes: June 2016 #4

In Case You Missed It - The FTC settled with mobile advertising company InMobi for $950,000 in civil penalties, along with the implementation of a privacy program, based on the FTC’s charges that InMobi impermissibly...more

Alert: FTC Settles First Enforcement Action Against Mobile Advertising Company

by Cooley LLP on

On June 22, the Federal Trade Commission ("FTC") announced that it would settle its first-ever enforcement action against a mobile advertising company, InMobi. InMobi agreed, subject to court approval of the settlement, to...more

Going Geo-Loco: FTC Settles with Mobile Ad Network over Geolocation Collection

by Kelley Drye & Warren LLP on

The FTC announced a settlement on Wednesday with mobile advertising company, InMobi Pte Ltd., concerning allegations that the company deceptively tracked the geolocation of hundreds of millions of unknowing consumers,...more

Mobile Apps That Appeal to Children Face Increased Regulatory Scrutiny

by BakerHostetler on

In September 2015, the Online Interest-based Advertising Accountability Program (Accountability Program) of the Advertising Self-regulatory Council (ASRC) began enforcing the Digital Advertising Alliance (DAA) Guidelines for...more

2016 Mobile Data Privacy and Security Update and 2015 Review

by BakerHostetler on

To say that mobile device usage has reached a tipping point would be an understatement. There are now more mobile devices than people in the world, a staggering 7.9 billion mobile devices for 7.4 billion people on Earth. In...more

Children's Products: An Overview of Advertising Laws and Regulations

by Stinson Leonard Street on

Like all businesses, manufacturers and retailers of children's products must comply with advertising laws and regulations. Advertising laws protect consumers by requiring advertisers to be truthful about their products....more

Advertising Law - January 2016 #2

Battle Over Legality of Daily Fantasy Sports Sites Continues - It may be a new year, but the battle over the legality of the FanDuel and DraftKings daily fantasy sports sites continues. New York Attorney General...more

FTC Brings First Enforcement Actions Against Kids Apps Using Persistent Identifiers for Targeted Advertising

On December 17, 2015, the Federal Trade Commission (FTC) announced its first Children's Online Privacy Protection Act (COPPA) enforcement actions challenging the use of persistent identifiers to engage in targeted advertising...more

Attention UGC Marketers—Are Your Permissions in Order?

Brand companies have come to view user-generated content as often one of the most effective and authentic ways to advertise their products or services. This is known as “user-generated content marketing.” For example, with...more

Advertising Law - October 2015

Commercials Pulled After Endorser Admits 9/11 Lies - The revelation that an endorser lied about his whereabouts on September 11 led a national sports-themed restaurant chain to stop airing commercials where the actor...more

Revisiting Privacy Policies and Practices in Light of Delaware Law

by Dorsey & Whitney LLP on

The Delaware Online Privacy and Protection Act (the "Act") addresses privacy policy, marketing or advertising to Delaware residents under age 18 and digital book service information disclosure requirements. The Act goes into...more

The YouTube Kids app is here! Now what?

Google made good on the rumors and the company’s subsequent promise last December to create a family-friendly version of its popular YouTube service with its launch on Monday of the YouTube Kids app. Available on both the App...more

Viacom and Google Win Important Dismissal in Online Tracking Class Action

Last week the United States District Court for the District of New Jersey dismissed, with prejudice, class action claims against Google and Viacom concerning targeted advertising and the online tracking of children through...more

Social Media: 10 Fundamental Questions All Businesses Should Consider About Their Online Presence

by K&L Gates LLP on

Twenty years ago, the social media world we now live in was the stuff of science fiction. Today, social media is a critical business tool creating unprecedented opportunities for direct consumer interaction, brand awareness,...more

Alert: New California Privacy Law for Minors Has Taken Effect as of January 2015

by Cooley LLP on

California S.B. 568, titled "Privacy Rights for California Minors in the Digital World," (the "Privacy Law") took effect January 1, 2015. The new Privacy Law includes a provision known as the "Eraser Law" that gives...more

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