News & Analysis as of

Mobile Apps Federal Trade Commission

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

Mobile Apps: Key Privacy, Security and Data Collection Considerations

by Patrick Law Group, LLC on

Over the past three years, mobile application usage in the U.S. has increased by 111%, and over 50% of digital media consumption in the U.S. is now through mobile apps. As consumer use of mobile apps continues to rise, the...more

Privacy & Cybersecurity Update - May 2017

In this edition of our Privacy and Cybersecurity Update, we take a look at the Trump administration's executive order outlining its cybersecurity plans, Acting FTC Chairwoman Maureen Ohlhausen's comments on the possible...more

Advertising Law - April 2017 #3

Amazon, FTC Reach Deal Over In-App Charges - Amazon and the Federal Trade Commission have agreed to drop their appeals in a lawsuit accusing the online retailer of billing consumers for unauthorized in-app charges incurred...more

Socially Aware: The Social Media Law Update Volume 8, Issue 2

Welcome to the newest edition of Socially Aware, our Burton Awardwinning guide to the law and business of social media. In this edition, we explore the threat to U.S. jobs posed by rapid advances in emerging technologies;...more

Advertising Law - April 2017 #2

Business Supply Scam Operators Banned From Telemarketing - The Federal Trade Commission banned the operators of an office supply business from telemarketing pursuant to a settlement deal in Texas federal court. In...more

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

FTC and Amazon Withdraw Appeals in In-App Purchasing Lawsuit

by Klein Moynihan Turco LLP on

Last year, we reported that a federal judge had found Amazon liable for charging customers for unauthorized in-app purchases made by the customer’s respective children in an action filed by the Federal Trade Commission (“FTC”...more

Knowing Where You Are, When You Are: Creepy or competitive? The privacy and security issues involved with geo-location tracking

by Bryan Cave on

Smartphones, smartphone apps, websites, and other connected devices (e.g., “wearables”) increasingly request that consumers provide their geo-location information. Geo-location information can refer to general information...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

Data Privacy and Security: A Practical Guide for In-House Counsel, 2017 Edition

by Bryan Cave on

Boulder Partner David Zetoony published the 2017 edition of his handbook, Data Privacy and Security: A Practical Guide for In-House Counsel, on Jan. 28 – Data Privacy Day. The guide provides an overview of laws relevant to a...more

Privacy and Data Security: 2017 Year in Preview

by Polsinelli on

Few issues keep executives awake at night more than Privacy and Data Security. New regulations and threats alike are plentiful, varied, and evolving. The rate of change for cybersecurity and information governance continues...more

FTC Staff Report Details Best Practices for Cross-Device Tracking

by Kelley Drye & Warren LLP on

The ubiquitous use of multiple devices by consumers has created new opportunities for mobile apps, platforms, providers, and publishers alike to capture more, and more accurate, consumer data. This practice – known as...more

Advertising Law - December 2016 #4

FTC Rules Against "All Natural" Sunscreen Maker - In a final order, the Federal Trade Commission granted summary decision against California Naturel, Inc. for falsely advertising its sunscreen products as "all natural"...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

The Freedom to Yelp: Congress Curbs ToS Overreach

Worried about a company retaliating against you when you post a negative review on Yelp or TripAdvisor? Worry no longer because Congress has your back. Last week, Congress passed a law that will make it illegal for companies...more

FTC Releases Report on the “Sharing Economy” for Internet-Based Services

by Reed Smith on

Last month, the FTC released a staff report entitled “The ‘Sharing’ Economy: Issues Facing Platforms, Participants, and Regulators,” that assesses evolving business models relying on internet and app-based “sharing economy”...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

Time to Set the Clock: Self-Regulatory Enforcement of Cross-Device Tracking Begins in February 2017

by WilmerHale on

The Digital Advertising Alliance (DAA) recently announced that self-regulatory enforcement of its cross-device guidance will begin in February 2017. Accordingly, companies that engage in cross-device tracking and...more

The Tech Industry’s Next Frontier?

by Robins Kaplan LLP on

Tongue-in-cheek references to Pokémon Go as a health App aside, maybe the tech industry is on to something. In the U.S., seven out of every ten deaths are due to chronic diseases, such as diabetes or heart disease. Perhaps...more

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

by Poyner Spruill LLP on

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!

by McAfee & Taft on

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

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

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