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Unexpected Consumer Data Collection Concerns FTC

The Federal Trade Commission (FTC) has been turning its attention to consumer data collection and use that consumers may not expect, such as tracking of TV viewing by smart TVs, and use of cross-device technologies and techniques to try to associate users and households to multiple devices (e.g., TVs, mobile phones, tablets, computers, and other … Continue Reading

FTC’s $2.2m Smart TV Settlement Signals Continued IoT Enforcement Focus

On February 6, 2017, the Federal Trade Commission announced that it had settled charges against VIZIO, Inc., a consumer electronics manufacturer of Internet-connected televisions. The FTC alleged that VIZIO unfairly tracked sensitive TV viewing data of millions of American consumers, and deceptively failed to disclose how the collected data was being used. This action was … Continue Reading

FTC Settles with Ad Tech Company Over Deceptive Online Tracking Practices

On December 20, 2016, the Federal Trade Commission (FTC) announced that Turn Inc. agreed to settle charges that it misled consumers about its online tracking activities and failed to honor consumer opt-outs as described in its privacy policy. Background Turn is a digital advertising company that facilitates targeted marketing by commercial brands and ad agencies … Continue Reading

FCC’s New TCPA Order May Require Companies to Obtain Updated Consents for Marketing Calls and Texts

Last week we published an overview of key issues raised by the Federal Communications Commission’s July 10, 2015, Declaratory Ruling and Order regarding the Telephone Consumer Protection Act (the “July 2015 Order”). The July 2015 Order responded to 21 requests for clarification concerning previous rules and orders the FCC has issued pursuant to the TCPA, … Continue Reading

“Don’t Call Us, We’ll Call You.” The FCC’s Latest TCPA Ruling Imposes Even More Restrictions on Telemarketing Calls and Texts

On July 10, 2015, the Federal Communications Commission released the Omnibus Declaratory Ruling and Order (the Order) it adopted on June 18. The Order addresses requests for clarification regarding requirements under the Telephone Consumer Protection Act (TCPA) and previous rules and orders issued by the Commission. The Order, which took effect immediately upon release, is … Continue Reading

FTC Clarifies Native and Online Ad Obligations

The FTC, in recent staff statements, has sought to clarify advertisers’ and publishers’ obligations regarding native advertising and social media promotions, particularly regarding when and how to clarify to readers that a message is promotional and that the speaker has a material connection to the brand mentioned in the content. Further, the FTC has announced … Continue Reading

Take Care in Using Consumer Data to Drive Dynamic Pricing of E-Commerce

Co-authored by: Hannah Bloink Dynamic pricing is the practice of offering different prices to consumers based on various factors designed to maximize sales and profits, which may include the retailer’s perception of the willingness of a particular consumer to pay at a given price point, often in connection with other factors such as a given … Continue Reading

What’s on the Horizon in the Golden State?

As we near the turn of the year into 2015, organizations should keep an eye on laws taking effect on the West Coast. This year, the crop of new privacy statutes includes a few without precedent anywhere in the country. The focus? Kids and security. Following are a few examples of new California laws taking … Continue Reading

Native Advertising, the First Amendment and the FTC

Editor’s Note: This blog post is a joint submission with BakerHostetler’s IP Intelligence blog. Partner Fernando A. Bohorquez, Jr. and Associate Alan Pate today published “All Native Advertising is Not Equal — Why that Matters Under the First Amendment and Why it Should Matter to the FTC” in the Media Law Resource Center’s MLRC Bulletin: Legal … Continue Reading

Privacy Law in a Nutshell

BakerHostetler Privacy and Data Protection Partner Erica Gann Kitaev is a co-author of the recently published Privacy Law in a Nutshell, Second Edition, through West Academic Publishing. Legal issues related to privacy are exploding in the U.S., and virtually all businesses face privacy considerations, particularly as technology and the law evolves.  The Privacy Nutshell is … Continue Reading

FTC Says That Sponsors of Pinterest Contests Should Require Users to Post Pins with Hashtags Warning When Pins are Posted for a Prize

In a March 20, 2014 closing letter sent to fashion company Cole Haan, the FTC warned that use of the hashtag #WanderingSole in conjunction with a recent Pinterest contest did not adequately communicate the “material connection” between Pinterest contestants and Cole Haan and violates Section 5 of the FTC Act. Although the FTC declined to … Continue Reading

Media Convergence and Privacy Attorney Alan Friel Joins BakerHostetler in LA

BakerHostetler is proud to announce that Alan Friel has joined the firm, resident in the Los Angeles office and practicing in the Intellectual Property Group, as a key member of the Privacy and Data Protection and the Information Technology and Transaction teams. Friel’s practice focuses on intellectual property transactions, regulatory schemes, and privacy and consumer … Continue Reading

iBeacons Usher in New Era of Mobile Advertising in 2014, Raise Old Privacy Concerns

Editor’s Note: This blog post was originally published on February 6, 2014 courtesy of iMedia Connection’s Blog. It is repurposed with permission. Remember that scene from Minority Report? The one where John Anderton (Tom Cruise) takes a trip to GAP, virtual billboards call out his name and bombard him with offers as he walks through … Continue Reading

New Jersey Judge Certifies TCPA Junk Fax Class

Authored by: Julian Perlman Editor’s Note: This post is a joint submission with BakerHostetler’s Class Action Lawsuit Defense blog. In a significant decision for companies that engage in electronic marketing, a New Jersey federal judge certified a 23(b)(3) class claiming violations of the Telephone Consumer Protection Act (“TCPA”; 47 U.S.C. § 227(b)(1)(C)). In A&L Industries Inc. v. … Continue Reading

Are You Ready for the New Telephone and Text Marketing Rules?

Effective October 16, 2013, the rules governing telephone and text marketing will significantly change. Under prior Federal Communications Commission (FCC) regulations issued under the Telephone Consumer Protection Act (TCPA) (47 U.S.C. 227), telephone and text marketers could telephone and text market to consumers’ residential phones using autodialing equipment that is standard in call center operations, … Continue Reading

Legal concepts every social media marketer should know: Part IV – User Generated Content (Content Treasure Trove v. Legal Pandora’s Box)

Editor’s Note: This blog post was originally published on September 30, 2013, courtesy of iMedia Connection’s Blog. It is repurposed with permission. This post is co-authored by Alan M. Pate The most valuable resource in a marketing campaign can often be the very audience you are trying to reach. “User generated content,” or UGC, be … Continue Reading

Legal concepts every social media marketer should know: Part III — Use of third-party images, graphics, and content

Editor’s Note: This blog post was originally published on September 11, 2013, courtesy of iMedia Connection’s Blog. It is repurposed with permission. This post is co-authored by Alan M. Pate. It’s often said that imitation is the sincerest form of flattery. But when it comes to running an online marketing campaign or social media site, … Continue Reading

Legal concepts every social media marketer should know: Part II — Rules of the road for online advertising

Editor’s Note: This blog post was originally published on August 26, 2013, courtesy of iMedia Connection’s Blog. It is repurposed with permission. This post is co-authored by Alan M. Pate. As long as we have sold stuff, we’ve used images or stories to help sell them. As Calvin Coolidge of all people once said in … Continue Reading

Legal concepts every social media marketer should know: Part I — Consumer privacy

Editor’s Note: This blog post was originally published on August 12, 2013, courtesy of iMedia Connection’s Blog. It is repurposed with permission. This post is co-authored by Alan M. Pate. There are three things a social media website operator or digital marketer probably hates to hear most before  launching an online ad campaign: 1. Can you make … Continue Reading
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