Telemarketers often ask “is ringless voicemail legal.” Well, the first ringless voicemail message Telephone Consumer Protection Act decision says no. Ringless voicemail employs a technology that permits a voice message to be placed directly upon a consumer’s mobile voicemail box, without “a call” or a charge. No call appears on a consumer’s telephone bill. Over … Read more
The European Union’s General Data Protection Regulation (GDPR) sets a high standard for consent. Consent means offering people genuine choice and control over how their data is used. The GDPR definition of consent is “any freely given, specific, informed and unambiguous indication of the data subject’s wishes by which he or she, by a statement … Read more
The Federal Trade Commission works with the U.S. Justice Department to enforce antitrust law and investigates companies accused of deceptive advertising. Four new commissioners have been sworn in at the FTC. This is the first time that the agency has had five commissioners since Josh Wright, a Republican, stepped down in mid-2015. Joining Maureen Ohlhausen … Read more
The Federal Trade Commission has announced that it has sent letters to two foreign companies that market electronic devices and apps that appear to collect geolocation data from children, warning that the companies may be in violation of the Children’s Online Privacy Protection Act (COPPA) Rule. The letters were sent to China-based Gator Group Co., Ltd., … Read more
The FTC has announced that Uber Technologies, Inc. has agreed to expand the proposed settlement it reached with the agency last year over charges that the ride-sharing company deceived consumers about its privacy and data security practices. After the announcement of last year’s proposed settlement, the FTC learned that Uber had failed to disclose a significant breach … Read more
The Interactive Advertising Bureau has published a new influencer marketing program guide, “Inside Influence: Why Publishers are Increasingly Turning to Influencer Marketing—and What That Means for Marketers.” Influencer marketing is a tactic by which a brand/agency/publisher works with individuals, aka influencers, to drive brand messages to meet strategic goals. Influencers are those who are deemed … Read more
eHarmony has agreed to pay up to $2.2 million in penalties and restitution to put an end to an action filed by the Santa Monica city attorney and several district attorneys that challenged its automatic renewal practices. The plaintiffs alleged that the dating site violated state consumer protection laws by failing to clearly, conspicuously and … Read more
On January 18, 2018, Federal Trade Commission Acting Chairman Maureen K. Ohlhausen released a summary of the agency’s recently major accomplishments “In the past year, the Commission has actively pursued its mission to protect consumers and promote competition while avoiding undue burdens on legitimate businesses. American consumers, military members and law-abiding businesses deserve and expect … Read more
On January 8, 2017 the FTC announced its first children’s privacy settlement involving Internet-connected toys. According to the Commission, electronic toy manufacturer VTech Electronics Limited and its U.S. subsidiary have agreed to settle charges that the company violated the Children’s Online Privacy Protection Act (COPPA) by collecting personal information from children without providing direct notice … Read more
In 2000, Montel Williams was diagnosed with multiple sclerosis. Finding medical cannabis to be effective at treating his symptoms, he began advocating for medical cannabis law reform. He subsequently founded a company called LenitivLabs by Lenitiv. LenitivLabs is a self-characterized “line of innovative, high quality medical cannabis products for patients.” In October 2017, Mr. Williams initiated legal action in the United … Read more
The EU General Data Protection Regulation becomes effective in May 2018. It applies to those that (i) offer products/services to EU residents; (ii) monitor the behavior of EU residents; or (iii) handle the personal data of an EU residents. The cornerstone of GDPR is that personal data must be processed lawfully, fairly and in a transparent … Read more
On December 15, 2017, the FTC released a staff report that summarizes agency-commissioned research from 2014-2015. The research explores consumer recognition of paid search advertising and “native advertising” that resemble news, feature articles, product reviews, entertainment or other non-advertising online content. An advertisement is deceptive under Section 5 of the FTC Act if it materially misleads consumers … Read more
The Federal Trade Commission has approved a final consent order settling its first-ever case against individual social media influencers, the owners of the CSGO Lotto website. The FTC’s September 2017 complaint charged Trevor “TmarTn” Martin and Thomas “Syndicate” Cassell, two online influencers who are widely followed in the gaming community, with deceptively endorsing the online … Read more
Earlier this month, the U.S. Securities and Exchange Commission issued a statement on the potentially unlawful promotion of initial coin offerings and other investment by celebrities. Along with the Federal Trade Commission, the SEC’s Enforcement Division and Office of Compliance Inspections and Examinations are keenly aware that celebrities and others are using social media networks to encourage the … Read more