News & Analysis as of

“Th-th-th-that’s All, Folks!” Federal Judge Dismisses Class Action against Cartoon Network, Finds Anonymous User IDs Don’t Qualify...

On October 8, Georgia Federal District Judge Thomas Thrash, Jr., dismissed a putative class action against The Cartoon Network, Inc., where the plaintiff alleged that the animation company violated the Video Privacy...more

Mobilizing on Mobile Apps: The FTC’s Comment to the CFPB Signals its Priorities

In recent months, the Federal Trade Commission (“FTC”) has been steadily ramping up its efforts to monitor, regulate, and provide best practice guidance in the rapidly expanding field of mobile applications. On September 10,...more

Breaking News: The COPPA Enforcement Actions Are Here!

As we predicted in prior blog posts, the Federal Trade Commission has begun its vigorous enforcement of the Amended COPPA Rule. And one of the players is not a child-related site, so read on. The Commission just announced ...more

FTC Final Orders with Fandango and Credit Karma Provide Guidance on Mobile App Security

In August 2014, the Federal Trade Commission (“FTC”) approved final orders resolving its actions against Fandango, LLC (“Fandango”) and Credit Karma, Inc. (“Credit Karma”) for allegedly misrepresenting the security of their...more

California Federal Court Dismisses User Information Claims Against Digital Wallet Company

On August 12, the U.S. District Court for the Northern District of California dismissed for failure to state a claim a putative class action alleging that a digital wallet provider made unauthorized disclosures of user...more

The FTC Continues Its Focus on the Mobile Arena

The Federal Trade Commission has recently focused its consumer protection efforts on the mobile arena, and particularly video game companies operating in that arena. Early last year, the FTC issued several staff...more

Getting A Handle On VPPA Risk - A Data Driven Approach

Getting a Handle on VPPA Exposure in the Wake of Hulu - Given all the Video Privacy Protection Act (VPPA) activity lately - in particular Hulu's failure to get the VPPA case against it dismissed on summary judgment -...more

California says you can track online, but you can't hide your tracking

California law will soon require website and mobile app operators to disclose additional information in their privacy policies. Because the law applies to operators of websites and online services (including mobile apps) that...more

Mobile Apps Remain Regulatory Focus as FTC Enforces Data Privacy of Popular Program

The provider of the immensely popular “Brightest Flashlight Free” mobile app for Android reached a settlement with the Federal Trade Commission (FTC) over charges that it collected sensitive personal information, including...more

Are You Ready For California’s “Do Not Track” Requirements?

Over the last several months, California has passed several new privacy and data protection laws that impact operators of websites, online services and mobile applications around the country, including a law establishing an...more

All That Glitters

More companies looking to keep pace with the fast-changing mobile market are busily buying up app developers. Google spent almost $1 billion in June to acquire traffic app developer Waze. Apptopia is a growing online...more

Week in Review - October 10, 2013

New federal and state laws are continuing to impact our relationship with technology and online resources. This was recently illustrated by the roll out of web-based health insurance exchanges under the federal Patient...more

Europe: Mobile apps rarely compliant with basic EU data protection consent rules

Mobile apps may, and frequently do, have access to a lot of personal information. This personal information can include one’s contact list, location, calendar and photos. Through social network integration, this includes...more

Privacy Monday - July 1st, 2013

Privacy Tidbits to start your week - The Risk-Benefit Analysis of BYOD: As we have written in the past, the proliferation of the “bring your own device” (BYOD) trend is a high-wire balancing act for IT and...more

Guide to Compliance with the Amended COPPA Rule

What Is COPPA? •Children’s Online Privacy Protection Act, enacted by Congress in 1998 •Congress directed the Federal Trade Commission (FTC), the nation’s consumer protection agency, to issue and enforce regulations...more

Mobile Apps Bill Introduced in the House of Representatives

Lawmakers in Washington, D.C., continue to show interest in understanding and developing regulatory proposals relating to mobile apps. The interest appears to be driven, at least in part, by policymakers’ concerns about...more

Advertising Law -- May 31, 2013

A Friendly Reminder from the FTC: You May Be in Trouble - Continuing the countdown to the effective date of the amended Children’s Online Privacy Protection Act Rule, the Federal Trade Commission sent “educational...more

Unique Privacy Concerns for Mobile Apps [Video]

With the rise of BaaS (or Backend as a service) platforms, it is easier than ever to create a mobile app on the fly. But Fenwick privacy co-chair Tyler Newby advises that companies should be aware of some important privacy...more

Tips for Mobile App Privacy Compliance [Video]

Increasingly, privacy is a big concern in app development. California and other jurisdictions are ramping up enforcement efforts around existing privacy laws. For example, the California attorney general has recently taken...more

"Eye on Privacy" Newsletter - March 2013

In this issue: - FTC Releases Privacy Disclosure Guidelines for Mobile Ecosystem - California Attorney General Issues Privacy Practice Recommendations for Mobile Ecosystem - Mobile Apps: Learning from...more

Setback for Apple in iPhone MDL

In a case about exposing user data, Apple suffered a setback due to its concealment of information in litigation. Last week, in the multi-district litigation, In Re iPhone Application Litigation, Judge Lucy Koh of the...more

FTC Announces Settlement with Social Networking App and Issues Staff Report Regarding Mobile Device Privacy Disclosures

On February 1, 2013, the Federal Trade Commission ("FTC") announced an agreement with social network mobile application ("app") operator Path, Inc. ("Path") to settle the FTC's claims that Path collected personal information...more

Advertising Law -- Feb 28, 2013

In This Issue: Manatt Partner Ken Kaufman Marks Ten Years as Co-Chair of PLI's Annual Entertainment Law Conference; Manatt Partner Ivan Wasserman Invited to Speak at Engredea Conference; Starbucks, Kraft Battle Over...more

Advertising Law -- Feb 21, 2013

In This Issue: Neutrogena Escapes Class Certification; It's Not "Hip" to Steal Contact Info; Leibowitz Leaves the FTC—Who Will Take His Place?; A Court Ruling Wouldn't Be Kosher; California Supreme Court: Some Online...more

Advertising Law -- Feb 15, 2013

In This Issue: The FTC and the Mobile Ecosystem: Enforcement Action, Report, and Educational Materials Released; Size Really Does Matter – At Least for Subway Sandwiches; Will Maryland Be the Next California?; CARU...more

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