Tag Archives: Marketing

Massachusetts AG Settlement Bars Geofencing Near Medical Facilities

On April 4, 2017, the Massachusetts Attorney General’s office announced that it had settled with a digital advertiser following allegations the company was using geolocation technology to target ads to women visiting reproductive health facilities. Although the company denied that it geofenced clinics in Massachusetts, the AG indicated that such targeting would violate the Massachusetts … Continue Reading

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

Latest Data Breach Settlement Illustrates Need for Companies to Prioritize Cybersecurity

On Aug. 5, 2016, the New York attorney general, Eric Schneiderman, announced a $100,000 settlement with an e-retailer following an investigation of a data breach that resulted in the potential exposure of more than 25,000 credit card numbers and other personal information. According to the investigation, on Aug. 7, 2014, in an all-too-common scenario, an … Continue Reading

Mobile Ad Co Settles with FTC Over Allegations of Deceptive Geolocation Tracking And Children’s Privacy Violations for $4 Million

On June 22, 2016, mobile advertising company InMobi Private Ltd. settled Federal Trade Commission (“FTC” or “Commission”) claims of violations of Section 5 of the FTC Act, and the Children’s Online Privacy Protection Act and Rule (COPPA), for $4 million.  The violations of COPPA supported the monetary penalty since, unlike Section 5, COPPA provides for … Continue Reading

Ill Conceived California Privacy Bill Threatens Viability Of Commercial Educational Online Services

SB 1177, the Student Online Privacy Protection Act was recently introduced in the California legislature.  This is a bad bill for the private educational industry, and ultimately for parents and students.  It would drastically expand the privacy protections of the Federal Educational Rights and Privacy Act (FERPA), and state equivalents, which impose reasonable limits on … 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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