News & Analysis as of

Online Advertisements

Political Polarization in a Programmatic World

In an era of heightened political awareness and division, brands are more and more sensitive to the nature of the content where their online ads are displayed. In an era of ever-increasing dominance of programmatic...more

Higher Regional Court of Cologne: Customer review with care – they could be advertising

by Hogan Lovells on

The Higher Regional Court of Cologne decided in its ruling of May 24, 2017 (OLG Köln 6 U 161/16) that the publication of customer reviews on a company website may be considered as advertising in the classical sense...more

French Data Protection Authority Clarifies Responsibilities for the Use of Cookies in Online Advertising

by Jones Day on

In the online advertising sector, achieving a successful advertising campaign often involves implementing cookies (small files stored on computers or mobile devices that contain information on the user's browsing history),...more

European Commission Approves Microsoft Acquisition of LinkedIn Subject to Conditions

by McDermott Will & Emery on

On 6 December 2016, the European Commission cleared the acquisition of LinkedIn by Microsoft, subject to Microsoft granting LinkedIn’s competitors access to certain LinkedIn tools....more

The FTC Gets Specific on Influencer Material Connection Disclosures

by Dorsey & Whitney LLP on

A few weeks ago we blogged about the FTC’s warning letter writing campaign to brands and influencers about disclosure of material connections on Instagram. At that time, the FTC had only released sample letters – one for one...more

Reading the Tea Leaves: What Lies Ahead for Broadband Privacy Regulation?

On April 3, 2017, President Trump signed into law a rare Joint Resolution of Congress under the Congressional Review Act (“CRA”), which disapproved the Broadband Privacy Rules adopted late last year by then-Chairman Wheeler’s...more

Advertising Standards Authority Rules That Instagram Post Contained Inadequate Disclosure

by Dorsey & Whitney LLP on

A recent ruling of the Advertising Standards Authority (ASA) in the U.K. highlights the global crackdown on sponsored posts that do not make clear that they are advertising. A complaint was filed with the ASA about an...more

Dear Influencers: #FullDisclosure we use Instagram too. Love, The FTC – Warning letters provide guidance to influencers,...

by Dorsey & Whitney LLP on

Instagram is now home to more than 600 million users, including many popular brands, celebrities, online influencers, famous dogs, regular people and regular dogs (full disclosure this regular dog is mine). As its popularity...more

OTA & Travel Distribution Update - Jan. 27th, 2017

by Garvey Schubert Barer on

This week’s OTA & Travel Distribution Update for the week ending January 27, 2017 is below. Not a lot of news to report this week; surprisingly little came out of this past week’s Americas Lodging Investment Summit (ALIS) in...more

Disclose and Follow Standards for Collection and Sharing of Customers’ Online Behavioral Data

by Bryan Cave on

Many retailers engage in behavioral advertising, which refers to the use of information to predict the types of products or services of greatest interest to a particular consumer. Online behavioral advertising takes two...more

Keyword Advertising Decision Reversed on Appeal

by Smart & Biggar on

In August 2015 we reported on the decision of the British Columbia Supreme Court (“BCSC”) in Vancouver Community College v Vancouver Career College (Burnaby) Inc, 2015 BCSC 1470. That decision was notable in Canadian...more

Mississippi AG Sues Google for Collection of Student Data

Mississippi Attorney General Jim Hood filed a Complaint against Google last week for alleged violations of the state’s Consumer Protection Act for its collection and use of students’ personal information and search history....more

CFPB Enters Consent Order with Seattle-Based Payday Lender

by Goodwin on

On December 16, 2016, the Consumer Financial Protection Bureau (CFPB) announced that it entered into a consent order relating to a Seattle-based payday lender and check-cashing company’s allegedly deceptive online...more

Guidelines for Online Behavioral Advertising

by Bryan Cave on

Behavioral advertising refers to the use of information to predict the types of products or services of greatest interest to a particular consumer. Online behavioral advertising takes two forms. “First party” behavioral...more

CFPB enters into consent order with lender to settle claims alleging deceptive advertising and collection letters, unauthorized...

by Ballard Spahr LLP on

The CFPB announced that it has entered into a consent order with Moneytree, Inc. to settle allegations that the company engaged in deceptive advertising, sent consumers deceptive collection letters, and did not obtain written...more

Policing Internet Privacy: FCC’s New Frontier

by LeClairRyan on

Unwilling to be left behind by the likes of Google and Facebook, Internet Service Providers are increasingly exploring how they may capitalize on the high-value targeted advertising market. In November 2016, AT&T explained...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

FTC Settles With Sales Lead Generators For $100,000

by Reed Smith on

Last week, the Federal Trade Commission (“FTC”) settled a claim against the Consumer Education Group for $100,000 regarding alleged violations of the FTC’s Telemarketing Sales Rule (“TSR”) and Section 5(a) of the FTC Act. The...more

Google Makes Ad-Tracking Change in its Privacy Policy

by Reed Smith on

In 2007, Google bought online ad network DoubleClick, which uses cookies to collect and store data about Google users from their browsing history, to best place clients’ ads. This past June, Google revised its privacy policy...more

Trick Or Treat: Cookies And Consumer Privacy In Online Advertising

by McManis Faulkner on

The proliferation of online goods and services means consumer data is available to those with a need or interest in possessing it. One method providers and third party partners employ to collect online consumer data is the...more

Regulators and Industry Thought Leaders Discuss Issues in Social Media Advertising - Highlights from "The FTC, Native Advertising...

by Holland & Knight LLP on

Holland & Knight and the Word of Mouth Marketing Association (WOMMA) on Sept. 21, 2016, held an informative, half-day seminar featuring presentations and a panel discussion of trends and forefront regulatory compliance issues...more

Attorneys Cannot Sue Avvo for Unauthorized Profiles According to Illinois Federal Court

An Illinois federal judge dismissed a proposed class action of lawyers whose business information was published by the online attorney database Avvo without their permission. The lead plaintiff, a Chicago-based personal...more

State Enforcement of COPPA, Federal Online Advertising Law

by Taylor English Duma LLP on

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 Complaint Counsels Caution When Settling Disputes With Competitors

by Perkins Coie on

The Federal Trade Commission recently sued 1-800 Contacts, Inc., the largest contact lens retailer in the United States, charging it with restraining competition in violation of Section 5 of the Federal Trade Commission Act,...more

Can Using Social Media Lead to a Lawsuit? (Part 2)

by Williams Venker & Sanders on

In part 1 of this blog series, I discussed the potential legal implications of social media as it pertains to defamation, privacy rights, and ownership rights. As we pick back up with our discussion, I want to address the...more

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