As part of its review of the Children’s Online Privacy Protection Act (COPPA) Rule, the Federal Trade Commission (FTC) held a public workshop to discuss possible updates....more
In the latest General Data Protection Regulation (GDPR) news, the European Union (EU) Court of Justice ruled that companies cannot use pre-checked boxes to obtain consumer consent to be tracked with cookies and must instead...more
Negative option marketing is a common form of marketing whereby the absence of affirmative consumer action constitutes consent to be charged for goods or services. Such marketing is widely used and can provide benefits to...more
Concerned about the impending effective date of the California Consumer Privacy Act (CCPA)?
With advertisers scrambling to meet the requirements of the new privacy law, the Interactive Advertising Bureau (IAB) has...more
Continuing its efforts to have app and website operators provide users with enhanced notice about third-party data collection, the Digital Advertising Alliance (DAA) Online Accountability Program recently issued a pair of new...more
In a record-setting deal with the Federal Trade Commission (FTC) and the New York State Office of the Attorney General, YouTube agreed to pay a total of $170 million to settle charges of violations of the Children’s Online...more
The Federal Trade Commission (FTC) reached a deal with email management company Unroll.Me Inc. after the agency alleged that the company tricked consumers about how their personal emails were accessed and used.
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To settle a false advertising class action over its “healthy” claims for coconut oil, Nature’s Way has agreed to a $1.85 million settlement deal....more
In a new false advertising class action, a Virginia resident accused Godiva of deceptively promoting its chocolate products to make them seem as if they were made in Belgium—despite the fact that they are produced in...more
Citing rapid changes in technology, the Federal Trade Commission (FTC) asked for feedback on the Children’s Online Privacy Protection Act (COPPA) Rule and whether additional changes are needed to improve its effectiveness....more
Together with state, federal and local agencies, the Federal Trade Commission (FTC) announced a crackdown on illegal robocalls.
“Operation Call it Quits” included four new FTC cases and three new settlements that involved...more
Adhesion contracts are ubiquitous in modern internet commerce, and the rules of contract formation are generally the same for contracts entered offline and those entered online. Parties are generally bound by terms and...more
Delta Air Lines scored a victory when a California federal court granted the company’s motion to dismiss a putative class action based on a data breach, primarily by arguing that its publicly posted privacy policy is not a...more
7/10/2019
/ Advertising ,
Airline Deregulation Act ,
Breach of Contract ,
Computer Fraud and Abuse Act (CFAA) ,
Corporate Counsel ,
Data Breach ,
Delta Airlines ,
Motion to Dismiss ,
Privacy Policy ,
Putative Class Actions ,
Stored Communications Act
Changes to Apple’s App Store Review Guidelines are facing backlash from developers across a variety of industries.
In changes to Guidelines 1.3 and 5.1.4, Apple placed limits on third-party tracking in child-centric apps....more
States continue to push forward with privacy laws, with new statutes in Nevada and Maine and a proposal currently pending in New York, which would impose requirements similar to those found in the California Consumer Privacy...more
Consumer World declared victory after Google added a free means of entry for a sweepstakes to win a free Google Home Max smart speaker.
When Google sent an email to Google Assistant customers in May promoting the...more
Will Single-Use Products and Packaging Be a Thing of the Past in California? -
Walk down virtually any street, sidewalk, path, beach or trail in California and you will invariably find at least some single-use product or...more
6/13/2019
/ Arbitration ,
California Consumer Privacy Act (CCPA) ,
Class Action ,
Federal Trade Commission (FTC) ,
Food and Drug Administration (FDA) ,
Made in the USA ,
Opt-Outs ,
Popular ,
Retailers ,
SCOTUS ,
Single-Use/No Resale Restriction
A new federal bill would ban loot boxes, the controversial in-game rewards that have recently made headlines....more
Nevada has just passed its own privacy law, SB 220, allowing consumers to opt out of data sales by web operators in exchange for monetary consideration. Effective on October 1, 2019, Nevada is quietly getting the jump on the...more
Pursuant to a new code of conduct, the Network Advertising Initiative (NAI) has banned members from the behavioral targeting of consumers under the age of 16....more
Apple’s App Store and the Google Play Store dumped three dating apps after the Federal Trade Commission (FTC) sent a warning letter to their operator about apparent FTC Act and Children’s Online Privacy Protection Act (COPPA)...more
In the latest developments surrounding state-level privacy laws, legislators advanced amendments that could ease the burden of the California Consumer Privacy Act (CCPA), while the Washington Privacy Act (WPA) appears dead in...more
Congratulations to the Online Interest-Based Advertising (IBA) Accountability Program, which issued its 100th public action this week and a report documenting its work over the past eight years....more
Indiana Attorney General Curtis Hill has sued a Texas-based promotions company, alleging that Hopkins and Raines, Inc., deceptively advertised promotions on behalf of motor vehicle dealerships in violation of state law....more
Loot boxes are the subject of an upcoming Federal Trade Commission (FTC) workshop, with stakeholders encouraged to take part in the discussion of the controversial in-game rewards gaining popularity in online games....more