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Consent Advertising

Venable LLP

FTC Commissioner Claims Agency Creates Favorable Precedent Through Venue Selection

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During the dog days of August, the Federal Trade Commission (FTC) brought two complaints against auto companies involving alleged deceptive and discriminatory price advertising....more

A&O Shearman

European Commission takes preliminary view that social media platform’s ‘pay or consent’ model does not comply with the DMA

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On 1 July 2024, the European Commission (the ‘Commission’) announced its preliminary findings in an investigation of a leading social media platform, concluding that its ‘pay or consent’ advertising model implemented in the...more

BCLP

Auction of Personal Data: Clarification of the Concepts of Personal Data and Data Controller

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On 7 March 2024, the Court of Justice of the European Union issued a ruling (C-604/22 | IAB Europe) clarifying the concepts of personal data and controller in the context of the use of a Transparency and Consent Framework...more

Hinch Newman LLP

Recent FTC Settlement a Reminder of Agency Focus on Disclosing Health Information to Third-Parties

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On April 11, 2024, the Federal Trade Commission announced that it has banned an alcohol addiction treatment firm from disclosing health data for advertising purposes in order to settle agency charges that the company shared...more

Barnea Jaffa Lande & Co.

Using a Name without Permission: Privacy Infringement

About two years ago, McDonald’s advertised a sale on family-sized containers of ice cream called “Blast Ice Cream” in Israel. The advertisement’s headline was “Maayan will be happy to hear… Blast Party: Blast Ice Cream in a...more

Vondran Legal

South Coast Botanic Garden Foundation Sued for Right of Publicity Violation

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Vondran Legal® News: We have recently filed suit in the Los Angeles Superior Court against the South Coast Botanic Garden Foundation. Amazingly, they used photographs of two Defendants (who are working professionals who...more

Goodwin

Washington’s My Health My Data Act Comes Into Force - What You Need to Know, and Do

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On March 31, 2024, the Washington My Health My Data Act (MHMDA), a comprehensive consumer health privacy law, will come into force. Small businesses – defined as those processing consumer health data of fewer than 100,000...more

Mintz - Privacy & Cybersecurity Viewpoints

New Year, New Privacy Law in New Jersey

Consumer privacy protection must have been tops on the New Jersey legislature’s list of New Year’s resolutions. The year was just two weeks old and New Jersey became the first State in 2024 to enact a comprehensive privacy...more

Jackson Lewis P.C.

What Real Estate Businesses Need to Know About Using Website Tracking Technologies

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Real estate businesses frequently operate multiple websites. These may include corporate websites, websites for each of their properties, and websites for their apps and ancillary service offerings. To maximize the...more

McDermott Will & Emery

Tips for Alcohol Suppliers Utilizing Social Media

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In light of the Federal Trade Commission’s (FTC) 2023 revisions to its Endorsement Guides, it is essential to ensure that your business is compliant. While the alcohol industry is known for product innovation, the industry is...more

Hinch Newman LLP

FTC Advertising Law Alert: Proposed Revisions to the COPPA Rule

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The Children’s Online Privacy Protection Rule requires operators of websites and online services that are directed to children under 13 years of age, or that have “actual knowledge” they are collecting personal information...more

Akin Gump Strauss Hauer & Feld LLP

Kingdom of Saudi Arabia’s New Personal Data Protection Law and Implementing Regulations—Key Obligations, Responsibilities and...

On September 7, 2023, the Saudi Authority for Data and Artificial Intelligence (SDAIA) issued the Implementing Regulations of the Personal Data Protection Law (the Implementing Regulations) and the Regulations on Personal...more

Womble Bond Dickinson

Consent Provided by Employee in Phone Call Bars Company TCPA Complaint Against Fax Sender - In Certain Circumstances

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In Boone’s Pharmacy, Inc. v. Ezrirx, LLC,1 the U.S. District Court for the Southern District Alabama dismissed the plaintiff’s TCPA complaint against a sender of fax advertisements, finding a phone conversation between the...more

Perkins Coie

FTC Proposes Rulemaking for Recurring Subscription Programs

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The Federal Trade Commission (FTC) recently announced a notice of proposed rulemaking to expand its “Negative Option Rule” to apply to all recurring subscription programs (Proposed Amendment). The Proposed Amendment would...more

BakerHostetler

FTC One-Ups Itself with One Proposed Rule to Rule All Subscription Services

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Mornings for advertising lawyers usually start slow – coffee in one hand and phone in the other while we glance at emails. Imagine our surprise the other morning when we saw that the Federal Trade Commission (FTC) had issued...more

Lerman Senter PLLC

Broadcasts, Advertising, and Promotions Related to the 2023 NCAA Basketball Championships

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The NCAA national men’s and women’s basketball tournaments will begin on March 12, 2023 and end with the national championships in early April. Broadcast stations often conduct promotions tied to these tournaments. The...more

Morrison & Foerster LLP - Social Media

Court Holds That Section 230’s Carve Out For “Intellectual Property” Does Not Apply To Publicity Rights Claim In New York

Section 230 of the Communications and Decency Act provides broad immunity to online platforms for claims arising from hosting third-party content (though just how broad is a hot issue that the Supreme Court may decide this...more

DarrowEverett LLP

The FTC is Turning the Lights On: Dark Patterns Aren't in the Shadows Anymore

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The continued growth and dominance of e-commerce has ushered in a new frontier for businesses. In response to the progressive evolution from brick-and-mortar marketplaces to the current e-commerce dominant landscape,...more

BakerHostetler

The FTC’s Latest Staff Report on Dark Patterns: A Warning for Marketing Teams and UX Designers

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​​​​​​​The Federal Trade Commission issued a detailed [staff report] on September 15 addressing Dark Patterns (or what some more descriptively call “manipulative design,” but Dark Patterns seems to be sticking). Regulators...more

McDermott Will & Emery

[Webinar] AdTech Privacy: Navigating Emerging Privacy Laws for AdTech Companies, Customers, and Publishers - July 21st, 12:00 pm -...

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In recent years, the digital marketing and global AdTech industry have seen seismic changes, and online marketers are facing challenges under new privacy laws and regulations. Substantial restrictions on targeted advertising...more

Faegre Drinker Biddle & Reath LLP

The Losses Mount for a Serial TCPA Plaintiff

In an ever-growing string of losses, the Seventh Circuit affirmed the Northern District of Indiana in denying class certification to serial TCPA plaintiff Gorss Motels, Inc. in Gorss Motels, Inc. v. Brigadoon Fitness, Inc., —...more

Orrick, Herrington & Sutcliffe LLP

The Curious Incident of the Transparency and Consent Framework: Does IAB Europe's ad-consent popup system have a future?

On 2 February 2022 the Belgian Data Protection Authority ("Belgian DPA") ruled that IAB Europe's Transparency and Consent Framework ("TCF") does not comply with the GDPR and fined IAB Europe €250,000. While the sanctions...more

WilmerHale

Belgian Data Protection Authority Rules IAB Cookie Consent Framework Violates the GDPR

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Last week, the Belgian Data Protection Authority ruled that the IAB’s cookie consent framework violated the GDPR. This decision has tremendous potential implications on the ad tech industry, as both publishers and advertisers...more

Perkins Coie

2022 Compliance Landscape for Recurring Subscription Programs

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Businesses that allow customers to sign up for automatically renewing subscriptions must comply with a patchwork of state and federal regulations. The Federal Trade Commission (FTC) recently issued an Enforcement Policy...more

Fenwick & West LLP

FTC Warns Companies Offering Subscription Services to Avoid Using “Dark Patterns”

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On October 28, 2021, the Federal Trade Commission issued a new Enforcement Policy Statement (the Statement) warning companies against using “dark patterns” in negative option marketing. “Dark patterns” is a broad term that...more

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