News & Analysis as of

Advertising Mobile Apps

New York Attorney General Enters Digital Health App and Privacy Enforcement Fray: Announces Three Settlements with Health and...

by Ropes & Gray LLP on

On March 23, the New York Office of the Attorney General (“NY OAG”) announced Assurances of Discontinuance (“Settlements”) with three developers of health and fitness mobile apps. The Settlements appear to mark the NY OAG’s...more

NY AG Targets Mobile Health Applications Over Privacy Policy, Misleading Claims Concerns

by Klein Moynihan Turco LLP on

The Office of the New York State Attorney General (“NY AG”) recently announced a settlement of its investigation into the privacy policy and advertising-related business practices of three popular health-based mobile...more

FTC Cries Foul On Breathometer Accuracy Claims

by Kelley Drye & Warren LLP on

The FTC recently announced a settlement with Breathometer, Inc., a company that marketed a smartphone accessory that it claimed could detect blood alcohol levels. Users could simply plug the accessory into the headphone...more

January EU Retail News

by Bryan Cave on

Brands Expanding Internationally Should Embrace Competition-Conscious Luxury Goods Licences - The licensing of luxury goods in Europe, where a supplier sells goods to a certain approved distributor to sell on its...more

Turn Settles Allegations by the FTC for Deceptive Advertising Tactics

Turn, Inc. (Turn), a California based company that enables sellers to target digital advertisements to consumers via a website or mobile app, settled allegations by the Federal Trade Commission (FTC) that it deceived...more

FTC Settles with Targeted Digital Advertising Company over Supercookie Advertising Practices

by Ballard Spahr LLP on

The Federal Trade Commission (FTC) has entered into a proposed consent order requiring digital advertising company Turn Inc. to include a clear and conspicuous notice detailing how it collects, uses, or shares information...more

Friends, Family and High Blood Pressure – FTC Takes Action Against Undisclosed Family Reviews and Unsubstantiated Claims for...

by Dorsey & Whitney LLP on

In previous posts, we’ve discussed the Federal Trade Commission’s significant enforcement efforts focused on two hot button issues: unsubstantiated health marketing claims and deceptive product endorsements. Once again, both...more

Privacy Tip #61 – Beware of Fake Apps that are Gearing Up for the Holiday Season

The New York Times reported last week that “hundreds of fake retail and product apps have popped up in Apple’s App Store in recent weeks”—just in time to deceive holiday shoppers....more

Enforcement of DAA Cross Device Tracking Guidance Set to Begin in Early 2017

In October, the Digital Advertising Alliance announced that it will commence enforcement of its guidance on cross-device tracking on February 1, 2017. Although the DAA published the guidance in November of 2015, it has...more

Bluetooth Beacons: What You Need to Know

by Perkins Coie on

Bluetooth beacons can be a powerful tool for customer engagement. The 2015 holiday season saw retailers experimenting with this kind of proximity marketing, and 2016 is looking like it will see the large-scale deployment of...more

Class Action Filed Against Indianapolis Colts over App

by Reed Smith on

This month, the Indianapolis Colts, app developer Yinzcam, Inc., and ultrasonic technology provider Lisnr, Inc., were hit with a federal class action lawsuit in Pennsylvania for violating the Electronic Communications Privacy...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

To (Dis)Close for Comfort–FTC Workshop Seeks Effective Consumer Disclosures

by Ballard Spahr LLP on

A goal of providing effective disclosures to consumers is to allow consumers to make informed decisions. But what must be done to make disclosures effective? This was the question the Federal Trade Commission (FTC) explored...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

Social Links: Instagram’s & Pinterest’s new features; the per-post premium paid to top influencers; a successful social media...

Instagram now allows users to zoom in on photos in their feeds and at least 11 brands are already capitalizing on the new feature. Pinterest acquired Instapaper, a tool that allows you to cache webpages for reading at a...more

Second Pokémon Go Alliance Announced: SoftBank

by Reed Smith on

The international phenomenon surrounding the mobile game Pokémon Go has captured the attention of marketers. As we have discussed before, until Niantic, the developer of Pokémon Go, makes sponsorship more readily available,...more

NBA Team Sued By Fans Over Mobile Application

by Reed Smith on

Earlier this week, a putative class action was brought against the NBA’s Golden State Warriors concerning the team’s mobile application. According to the complaint, the free app provides an interactive experience for fans by...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

First Circuit Issues Potentially Significant Ruling on Federal Video Privacy Statute’s Application to Mobile Apps

The First Circuit Court of Appeals’ recent decision in Yershov v. Gannett Satellite Information Network, Inc., — F.3d —-, Case No. 15-1719, 2016 WL 1719825 (1st Cir. Apr. 29, 2016), may carry important implications for mobile...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

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

First Circuit Decision Creates Ambiguity in Consumer VPPA Class Actions

by Nossaman LLP on

The vast majority of courts confronted with “free app” cases under the Video Privacy Protection Act (“VPPA”) have dismissed those claims.  A recent First Circuit decision, however, signals a change in that trend.  ...more

Mobile Apps – New Frontier of the Video Privacy Protection Act

by Pierce Atwood LLP on

The First Circuit Court of Appeals, in its recent decision in Yershov v. Gannett Satellite Information Network, Inc., breaks new ground, extending the reach of the Video Privacy Protection Act of 1988 (VPPA) to video content...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

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