The Children's Online Privacy Protection Act

The Children's Online Privacy Protection Act is a United States federal statute enacted in 1998 to protect children's privacy by regulating what personal information may be collected from children's... more +
The Children's Online Privacy Protection Act is a United States federal statute enacted in 1998 to protect children's privacy by regulating what personal information may be collected from children's online activity. The law applies to commercial websites and online services directed at children under thirteen years of age and regulates how personal information may be collected, stored or used.  less -
News & Analysis as of

FTC Complaint Filed Against IoT Businesses

This Tuesday, a consortium of consumer protection and children’s privacy groups filed a Federal Trade Commission (“FTC”) complaint against Genesis Toys (“Genesis”) and Nuance Communications, Inc. (“Nuance”) in connection with...more

FTC Complaint Made Against Genesis Toys and Nuance Communications

On December 6, 2016, The Electronic Privacy Information Center, The Campaign for a Commercial Free Childhood, The Center for Digital Democracy and Consumers Union filed a Complaint and Request for Investigation, Injunction...more

Guidelines for Collecting Information From Children: A Comparison of US Law, EU Law, and Soon-To-Be EU Law

In the United States there are relatively few restrictions on collecting information from children off-line. Efforts to collect information from children over the internet, however, are regulated by the Children’s Online...more

Fenwick Privacy Bulletin - Fall 2016

Privacy Shield – An Early Reflection - EU law generally prohibits the transfer of personal data from the European Economic Area to the U.S., unless the transfer is made in accordance with an authorized data transfer...more

The States Also Rise: Recent Settlements Illustrate Potential Pitfalls Regarding Children’s Privacy Laws

Earlier this summer, we highlighted a settlement where the FTC proposed its largest fine to date under the Children’s Online Privacy Protection Act (COPPA) against software maker InMobi. The InMobi settlement attracted...more

I accept!

So, you’re ready to launch your new online business or mobile app. The website looks great, and the app tile has an elegant, simple design that’s sure to stand out on phone and tablet screens. Missing anything? Oh, yeah, that...more

App Maker Settles COPPA Matter with Texas AG

On Monday, the Texas State Attorney General announced that it reached a settlement with app maker Juxta Labs, Inc. (“JLI”) regarding its information collection practices. The Attorney General had been investigating JLI for...more

Senate Commerce Committee Members Air Laundry List of Pressing Issues Including Privacy, Data Security, and FTC Enforcement

On September 27th, the Senate Committee on Commerce, Science, and Transportation held a general oversight hearing of the FTC, which covered a multitude of major policy issues and included testimony from Chairwoman Edith...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

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

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

The FTC Has Not Yet Begun To Fine - InMobi’s Million Dollar Settlement and Online Analytics in an Age of COPPA

In June 2016, India-based online advertising behemoth InMobi Ltd. agreed to pay a $ 950,000 fine to resolve Federal Trade Commission (FTC) allegations that its data collection practices violated the Children’s Online Privacy...more

Food and Beverage Law Update: August 2016

When food and beverage companies think of their largest risks, data breaches have not historically come to mind, but this is changing because of reports in the past few months of major breaches by companies such as Noodles &...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

Self-Regulatory Actions Signal Warning for Mobile Apps that Allow Third Parties to Collect Information for Interest-Based...

Recent actions against two prominent mobile app developers serve as a warning for companies that authorize third parties to collect and use information over time for advertising in mobile apps (known as interest-based...more

Connected Toys, Augmented Reality as the Next Big (Io)Thing

There has been an uptick in congressional inquiries regarding privacy concerns in the IoT space. And most recently in the gaming world of augmented reality. On Tuesday, Senator Al Franken (D-Minn.) initiated a congressional...more

Advertising Law - July 2016

Ad Company's Geotargeting Locates a $1M Penalty - InMobi, a Singapore-based mobile advertising company, will pay almost $1 million in civil penalties and implement a comprehensive privacy program to settle charges that...more

FTC Increases Maximum Civil Penalties for HSR Act, COPPA, and Other Violations from $16,000 to $40,000

On June 30, 2016, the Federal Trade Commission (FTC) issued an interim final rule that substantially increases the maximum civil penalties for violations of the competition and consumer protection laws enforced by the FTC...more

Definition of “PII” Under VPPA Continues to Evolve with 3rd Circuit Ruling

On June 27, 2016, the U.S. Court of Appeals for the Third Circuit became the latest appellate court to weigh how the Video Privacy Protection Act (VPPA or “the Act”) – a 1988 statute meant to protect consumer privacy by...more

FTC Civil Penalties on the Rise—Inflation Adjustments Increase Civil Penalty Amounts

For the first time since 2009, the potential civil penalties for violating an administrative consent order under Section 5(b) of the FTC Act is going up. The maximum civil penalty the Federal Trade Commission (FTC) can now...more

No VPPA Liability for Disclosure of Certain Anonymous Digital Identifiers

Another court has contributed to the ongoing debate over the scope of the term “personally identifiable information” under the Video Privacy Protection Act – a statute enacted in 1988 to protect the privacy of consumers’...more

FTC Penalties Will More Than Double in August

Wages may be stagnant in the United States, but one thing on the rise is the price of getting on the wrong side of the Federal Trade Commission. Effective August 1, 2016, the maximum civil penalty dollar amount for...more

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

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

Third Circuit Tackles New VPPA and Other Privacy Questions in In re Nickelodeon Consumer Privacy Litigation

The Third Circuit Court of Appeals handed the defendants a partial victory in In re Nickelodeon Consumer Privacy Litigation on June 27. While its decision last year in In re Google Inc. Cookie Placement Consumer Privacy...more

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