The Bottom Line CARU’s Revised Guidelines represent much needed guidance in response to the modern realities of children’s advertising, including with respect to online platforms, apps, influencer marketing and social media.Marketers should ensure that they understand these changes — particularly Continue Reading
FTC Dings Coloring Book App for Drawing Outside COPPA Privacy Lines
The Bottom Line Even if part of an online service is directed to children, providers must comply with COPPA by sending notice and obtaining parental/guardian consent before collecting any personal information from children under 13 years of age.Operators of apps and online services that are Continue Reading
Into the Weeds on Sen. Schumer’s Cannabis Bill
The Bottom Line The cannabis industry has been hoping for action on the federal level to resolve the significant divide between state and federal law.While the proposed Cannabis Administration and Opportunity Act would resolve the conflict favorably for the industry and legalize recreational Continue Reading
“Children and Teens’ Online Privacy Protection Act” Offers Potential Changes to COPPA Requirements
The Bottom Line Lawmakers have been discussing updates to COPPA for years, and the proposed CTOPPA may finally accomplish that goal. The bill raises the age for consent from 13 to 15, changes COPPA’s knowledge standard, and bans targeted advertising to children.If the bill becomes law, marketers Continue Reading
FTC Can No Longer Seek Monetary Penalties for Violations of Unfair or Deceptive Practices
The Bottom Line The Supreme Court’s decision took away one of the FTC’s most valuable tools in enforcing Section 5 of the FTC Act, and may take a toll on monetary relief that the FTC can obtain in the near term.However, between the FTC’s other monetary remedies and proposals in Congress to codify Continue Reading
Marijuana Legalization Has Other States Green with Envy
The Bottom Line In less than a decade, marijuana has gone from illegal to legal in a plurality of states, and the push for legalization is only strengthening.Although opportunities abound for the marketing industry in the marijuana industry, there are still legal risks to manage. Agencies Continue Reading
ViacomCBS Issues Advertising Guidelines for Its Adult Directed Networks
The Bottom Line ViacomCBS’s newly published guidelines for advertisers is now readily available and advertisers should take it into consideration when developing advertising.Submitting advertising for network clearance is the best way to ensure that advertising will be accepted by each Continue Reading
Supreme Court Narrows Definition of Autodialer in Facebook Ruling
The Bottom Line The Court’s narrowing of the autodialer definition will provide flexibility to marketers using systems that do not have the capacity for random or sequential number generation, like those that dial from stored lists. It is likely to significantly reduce the number of class actions Continue Reading
Subscription-Based Marketers Should Prepare for NY’s New Automatic Renewal Law
The Bottom Line The New York Automatic Renewal Law (ARL) has arrived, and it covers B2C subscription contracts.Marketers offering New York consumers goods or services on a subscription or automatic renewal basis should review their negative option/auto-renewal program practices to ensure Continue Reading
Four More States Give the Green Light to Legalize Recreational Marijuana
The Bottom Line The growing number of states that have legalized recreational marijuana has created opportunities for new businesses, and as a result, advertising agencies, media agencies and publishers. The expansion of legalized recreational marijuana to four additional states will only serve to Continue Reading