The FTC’s efforts to police the payment processing industry continue… An individual and his payment processing company have agreed to settle FTC charges that they repeatedly violated a 2009 court order issued against them. The settlement permanently bans both from engaging in, and assisting others with, payment processing, and includes a $1.8 million contempt judgment against them. … Read more
The Federal Trade Commission has issued orders to numerous U.S. Internet broadband providers and related entities seeking information the FTC will use to examine how the companies collect, retain, use and disclose information about consumers and their devices. The orders seeking information about privacy policies, procedures and practices were sent to AT&T Inc., AT&T Mobility LLC, … Read more
The Competition and Markets Authority is the British government agency that regulates advertising. According to reports, it recently sent numerous warning letters to British celebrities and other social media influencers. The warnings mirror those sent in 2017 by the Federal Trade Commission to influencers. In tandem with the warning notices – demanding advertising practice modifications, … Read more
On February 11, 2019, the Federal Trade Commission announced that, in conjunction with the U.S. Food and Drug Administration, three warning letters were sent to dietary supplement companies based in Florida, South Carolina and New Mexico. The letters can be seen here, here and here. Recipients were advised that the FDA reviewed relevant websites whereupon … Read more
In addition to an FTC complaint for unfair and deceptive advertising practices, digital marketers should be aware of other, non-traditional, legal landmines that have been making news and attracting the attention of the plaintiffs’ bar of late. In one of the first appellate decisions pertaining to disabled individuals’ access to websites and mobile applications under … Read more
In 2015, the Federal Communications Commission stated that “initiating” a telephone call can take more than one form, including those that “take the steps necessary to physically place a telephone call” or those that are “so involved in the placing of a specific telephone call as to be deemed to have initiated it.” A federal … Read more
United States Brian Schatz, the top Democrat on the Senate Communications, Technology, Innovation, and the Internet Subcommittee, along with a group of 15 senators, have introduced new legislation to protect people’s personal data online. The Data Care Act would require websites, apps and other online providers to take responsible steps to safeguard personal information and … Read more
Telemarketers across the nation continue to grapple with a deepening divide when it comes to the definition of an “autodialer” under the Telephone Consumer Protection Act. The seminal ACA International decision by the D.C. Circuit, and the recent and expansive Marks v. Crunch San Diego, LLC decisions are just two of many recent court rulings … Read more
The Federal Trade Commission recently issued its annual report, providing insight into the agency’s enforcement priorities. The report touches upon fraud, substantiating claims, technological innovation, endorsement guidelines, dietary supplements, disease prevention claims, sponsored content, and privacy and data security. The FTC also recently testified before the Senate Commerce Subcommittee on Consumer Protection, Product Safety, Insurance, … Read more
A recent Federal Trade Commission antitrust opinion (“Opinion”) explains why 1-800 Contacts entered into a number of unlawful anticompetitive agreements by restricting the use of online search advertising auctions, thereby limiting the availability of truthful advertising to consumers. The Opinion was authored by FTC lawyer and Chairman Joseph J. Simons. The FTC considered 1-800 Contacts’ … Read more
An interesting trend has been developing with Federal Trade Commission Civil Investigative Demands (CIDs). Of late, the agency has been focusing on deceptive and unfair trade practices related to consumer privacy and/or data security, including the collection, acquisition, use, disclosure, security, storage, retention and disposition of consumer information by financial institutions and/or their affiliates in violation of … Read more
Performance marketers should always consider the steps they can and should take to protect valuable corporate assets, including trade secrets, confidential information, copyrights and patents. Generally speaking, trade secrets include, without limitation, information, processes or devices having commercial value that are treated as confidential and are not known or disclosed to the public. Client lists … Read more
The Association of National Advertisers recently confirmed the existence of an investigation by the Federal Bureau of Investigation and the United States Attorney’s Office for the Southern District of New York into fraudulent media buying practices. The investigation was first reported in September but the FBI declined to confirm its existence at that time. At present, … Read more
The European Union’s General Data Protection Regulation became effective in May 2018. It establishes individual privacy rights and requirements for the collection, processing and storage of personal data. In July 2018, the UK Information Commissioner’s Office issued an enforcement notice to AggregateIQ Data Services Ltd., a Canadian company that used personal data to send targeted … Read more