News & Analysis as of

Behavioral Advertising

BCLP

Federal Court Rejects Motion to Dismiss Wiretap Claims Using HIPAA to Support Crime-Tort Exception Allegations

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It has now become commonplace for Plaintiffs’ attorneys to bring claims alleging that routine marketing techniques, including the deployment of behavioral advertising cookies and pixels, constitute wiretaps in violation of...more

BakerHostetler

Third CCPA Enforcement Settlement with California Attorney General and Los Angeles City Attorney Announced Against Mobile Game App

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In a joint press release published on June 18, the California Attorney General and Los Angeles City Attorney announced a settlement with Tilting Point Media LLC (Tilting Point) in connection with alleged violations of the...more

BCLP

Cookies Banners and Beyond: How to Avoid Common Mistakes

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The use of online tracking technologies for online behavioral advertising, analytics and related activities has come under increasing scrutiny by regulators in the U.S., Europe and elsewhere. The obligations under various...more

Benesch

Google Faces Eight-Figure Settlements Following Data Privacy Claims

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Google has agreed to pay a whopping $155M to resolve a government investigation and a class action lawsuit stemming from its use of location data, including claims that it stored and collected consumers’ location-related...more

Womble Bond Dickinson

[Hybrid Event] Risk-Based Strategies for Using Online Tracking and Personalized Digital Advertising Amid Complaints, Demand...

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California was the first US state with a comprehensive privacy law the California Consumer Privacy Act (“CCPA”), 4 more states followed with omnibus privacy laws effective this year and state legislatures passed 8 more this...more

Eversheds Sutherland (US) LLP

FTC diagnoses common digital practices as both UDAP and breach

In a groundbreaking decision, the Federal Trade Commission (FTC) announced it was diagnosing GoodRx’s use of tracking pixel codes and analytics, its digital strategy, as not only an unfair or deceptive act or abusive practice...more

Hudson Cook, LLP

CFPB Bites of the Month - 2022 Annual Review - Fintech

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In this article, we share a timeline of our monthly "bites" for 2022 applicable to the Fintech industry. So, what happened in 2022?...more

Wyrick Robbins Yates & Ponton LLP

Less Is More, Too Much Is Not Enough: What the Irish DPC’s €390 Million Fine Against Meta Could Mean for Your Privacy Notice

European data protection authorities kicked 2023 off with a bang when, on January 4, the Irish Data Protection Commission (DPC) announced that Meta Platforms Ireland would be fined a total of €390 million (roughly $414...more

Good2bSocial

How to Market a Law Firm With Market Segmentation

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An important part of how to market a law firm is targeting the correct audience. To do this, you first need to ensure you know who your target audience targets are and understand as much about them as possible....more

Venable LLP

CFPB Warning to Consumer Financial Services Digital Marketing Providers

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​​​​​​​Through a new interpretive rule announced this week, the Consumer Financial Protection Bureau (CFPB) has declared that digital marketing providers can be held liable under the Consumer Financial Protection Act (CFPA)...more

Fox Rothschild LLP

The NAI’s Precise Location Information Solution Provider Voluntary Enhanced Standards: What You Need to Know

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The Network Advertising Initiative (NAI), an industry trade group that develops self-regulatory standards for online advertising, has released its Precise Location Information Solution Provider Voluntary Enhanced Standards....more

Hogan Lovells

CPRA countdown: The new concept of "sharing" - This is the seventh installment in our series on the California Privacy Rights Act,...

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The California Privacy Rights Act (CPRA) introduces a new concept, “sharing,” that provides California residents with the right to opt-out of certain disclosures of personal information for behavioral advertising. In this...more

WilmerHale

CISR Proposes Teenage Privacy Program Initiative

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On April 19, 2022, the Better Business Bureau’s (BBB) Center for Industry Self-Regulation introduced the TeenAge Privacy Program (TAPP), an emerging initiative that sets out to help companies develop a teen-centric approach...more

Sheppard Mullin Richter & Hampton LLP

DAA Issues Warning On Device Fingerprinting

The Digital Advertising Accountability Program, which enforces privacy principles for digital advertising, issued a compliance warning to advertisers regarding device fingerprinting. This warning is worth keeping in mind,...more

Eversheds Sutherland (US) LLP

Focus on Fintech: CFPB Probes Big Tech Plans for Payments

On October 21, 2021, the CFPB sent orders to Amazon, Apple, Facebook, Google, PayPal, and Square requiring them to provide information about their current and planned payments products, practices, and data collection and...more

Akin Gump Strauss Hauer & Feld LLP

Settlement with App Developers Requires Limits on Collection and Use of Children’s Personal Information

In August, Viacom and a number of other app developers and ad-tech companies reached a settlement with parents who had alleged that the companies were illegally selling children’s personal information for behavioral...more

BCLP

Do retailers that use third party behavioral advertising cookies deploy cookie notices?

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Three quarters of retailers that deploy a significant number of third party behavioral advertising cookies on their websites do not utilize a cookie notice. The 25% of retailers that do deploy a cookie notice are split in...more

BCLP

Do most retailers take the position that the use of third party behavioral advertising cookies is, or is not, the “sale” of...

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Retailers are divided about whether the use of third party behavioral advertising cookies do, or do not, constitute the sale of personal information. One in four retailers (28%) utilize behavioral advertising cookies and take...more

BCLP

Do most retailers use third party behavioral advertising cookies?

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Yes. As the following chart indicates, there is a wide disparity between the quantity of third party behavioral advertising cookies used by retailers...more

BCLP

Do most pharmaceutical companies take the position that the use of third party behavioral advertising cookies is, or is not, the...

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Almost all pharmaceutical companies that utilize third party behavioral advertising cookies have taken the position that the collection of information utilizing such cookies on their websites does not constitute a “sale”...more

BCLP

Do pharmaceutical companies that use third party behavioral advertising cookies deploy cookie notices?

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Approximately 69% of pharmaceutical companies that deploy a significant number of third party behavioral advertising cookies on their websites do not utilize a cookie notice. The 31% of pharmaceutical companies that do deploy...more

BCLP

Do most pharmaceutical companies use third party behavioral advertising cookies?

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Yes. As the following chart indicates there is a wide disparity between the quantity of third party behavioral advertising cookies used by pharmaceutical companies within the Fortune 500...more

Polsinelli

California Privacy Rights Act: Latest Update, Impact and Next Steps

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The California Privacy Rights Act (CPRA) is a ballot initiative that, if passed in November, will significantly amend the California Consumer Privacy Act (CCPA)....more

BCLP

Do banks and financial service companies that use third party behavioral advertising cookies deploy cookie notices?

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Approximately 78% of banks and financial institutions that deploy a significant number of third party behavioral advertising cookies on their websites do not utilize a cookie notice. The 22% of banks and financial...more

BCLP

Do most banks and financial service companies take the position that the use of third party behavioral advertising cookies is, or...

BCLP on

Almost all banks and financial institutions that utilize third party behavioral advertising cookies have taken the position that the collection of information utilizing such cookies on their websites does not constitute a...more

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