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AI Gone Wild: Airline Has to Honor a Refund Policy Its Chatbot Fabricated

In a recent case brought in front of the Civil Resolution Tribunal (“CRT”) of British Columbia, Moffatt v. Air Canada, 2024 BCCRT 149, the CRT found in favor of an airline customer who relied on information about an airline’s...more

The Poster Child for Compliance: CARU Updates Its Advertising Guidelines for Children’s Advertising

In its first major update since 2014, the BBB National Programs’ Children’s Advertising Review Unit (CARU) announced on July 29, 2021, the issuance of its revised CARU Advertising Guidelines (the Revised Guidelines), widely...more

It’s Not COPPA-cated: CARU Determines VSCO Mobile App Not Directed Toward Children

On January 21, the Children’s Advertising Review Unit (CARU) announced a social media and photo editor app that has become well known to teens and tweens for the “VSCO girl” trend is not an online service that is either...more

No Discord Here: CARU Determines Social Media Platform Complies With COPPA

On October 6, the Children’s Advertising Review Unit (CARU) announced its finding that Discord, a social media platform that provides text, voice and video communication services via desktop, browser and mobile applications,...more

NAD Brings New Kind of Dance ‘Challenge’: TikTok Video-Sharing Tools May Create Liability for Brands

While controversy swirls as to whether the social media platform TikTok will be banned from the U.S., a recent National Advertising Division (NAD) case sheds some light on best practices when engaging influencers to create...more

Game Over: FTC Staff Issues Perspective Paper on Video Game Loot Boxes

Back in August of last year, the Federal Trade Commission (FTC) hosted a workshop on video game loot boxes, which, for all you non-gamers, is a video game microtransaction in which an individual playing a video game purchases...more

Crocodile Crock: FCC Issues Two Fines in a Week for Violations of Its Contest Rules

The Federal Communications Commission’s (FCC) Enforcement Bureau last week issued two fines, one for $6,000 and another for $5,200, for violations of its contest rules, as two sweepstakes were not conducted as advertised. ...more

FTC Reaches $9.3 Million Settlement With Fashion Nova for Violation of Mail Order Rule

On April 21, 2020, the FTC reached a proposed settlement with Fashion Nova, an American fast fashion retail company, for failing to ship merchandise in a timely manner without notifying customers and giving them an...more

Coronavirus Crisis: A Compliance Guide For Cause Marketing in an Era of Social Distancing

The offers are popping up everywhere: “Buy a protective face mask on our website and we will donate a mask to a hospital or a community in need” or “Retweet this message and we will donate $1 to a COVID-19 relief fund.”...more

Is #ad Going Away? – The FTC’s Endorsement Guidelines to Be Examined

The Federal Trade Commission (FTC) recently announced it is seeking public comment on whether to make changes to its Endorsement Guides as part of its systematic review of all current FTC rules and guides. The Endorsement...more

Fantasy Sports Faces Reality of NY Court Ruling They Are Illegal Gambling

A New York law permitting interactive fantasy sports (IFS) is unconstitutional, an appellate court in the state has ruled, dealing a blow to the multimillion-dollar industry. The state legislature amended the Racing,...more

Proposed Washington Gambling Law Changes Aimed at Keeping State Video Gaming Industry Around

In response to the Ninth Circuit’s decision in Kater v. Churchill Downs Inc., Washington State’s legislature is attempting to redefine what constitutes “illegal gambling games” within the meaning of the state’s Recovery of...more

State AGs Settle Over PayPal’s Lacking Donation Disclosures

A group of 23 state regulators reached a deal with PayPal Giving Fund (PPGF) to settle allegations that it failed to provide adequate disclosures and information to consumers making donations through the platform. As a...more

Regulators to Major Online Payments Platform: Fix Your Charity Disclosures

Twenty-three state regulators have now reached a deal with a prominent online payments processor to address that company’s insufficient disclosures on its platform. We explain why that matters to you....more

Influencer Post Lacked Necessary Disclosure, Says British Ad Authority

The British Advertising Standards Authority (ASA) has cracked down on influencer advertising, finding that even if a company did not explicitly require the influencer to post on its behalf, the simple fact that the individual...more

Lawmakers Propose COPPA Expansion

A new bill introduced in the House of Representatives would update the Children’s Online Privacy Protection Act (COPPA), broadening the existing statutory protections to include youth under the age of 16....more

Gambling on Browsewrap: Casino App Loses Huuuge Bet on Enforcing Terms of Use

Last month, the Ninth Circuit affirmed a Washington district court’s decision to deny Huuuge’s bid to arbitrate a proposed class action based on a browsewrap agreement....more

Doctor’s Promotion of ‘Vampire Facial’ a Pain in Kim Kardashian’s Neck

Kim Kardashian sank her teeth into a new publicity rights lawsuit, claiming that a doctor uses her name and likeness without permission to promote his “vampire facial” procedure....more

Back in the Zone: AutoZone Settles Loyalty Program Class Action for $50M

Changes to its loyalty program will cost AutoZone almost $50 million in a class action settlement, which comes more than three years after a California couple first accused the automotive maintenance retailer of breach of...more

Parents Sue TikTok for COPPA Violations, Settle for $1.1M

Within days of two parents of underage children filing a putative class action against TikTok’s parent company, asserting violations of the Children’s Online Privacy Protection Act (COPPA), the parties have reached a deal to...more

Framing a Federal Privacy Standard: Congressional Efforts Continue

In the latest Congressional effort to establish a federal privacy law, on November 18, 2019, a group of Senators released a set of “core principles” for a federal privacy framework, followed by the introduction of an...more

Content Changes Challenge YouTube Creators; FTC to the Rescue

Changes to YouTube’s policy with regard to the labeling of videos with child-directed content have creators struggling to achieve compliance. Earlier this year, YouTube agreed to a record-setting deal with the Federal Trade...more

States Set to Regulate the Internet of Things (IoT)

Beginning in January 2020, two states will begin regulating the Internet of Things (IoT). California enacted its law last year, which applies to “any device, or other physical object that is capable of connecting to the...more

Accountability Program Targets Enhanced Notice

In its latest decisions, the Digital Advertising Alliance (DAA) Accountability Program (the Program) worked with websites and mobile apps devoted to retail and pharmaceutical products on issues of notice....more

IAB Launches Compliance Framework for CCPA

As the effective date for the California Consumer Protection Act (CCPA) inches closer, the Interactive Advertising Bureau (IAB) and its affiliated standard-setting body, the IAB Technology Laboratory, have released for public...more

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