The Bottom Line The newly introduced Children and Teens’ Online Privacy Protection Act (CTOPPA) is aimed at overhauling U.S. privacy rules for children’s data under the existing Children’s Online Privacy Protection Act (COPPA). The bill was proposed by Senators Edward J. Markey (D-Mass.) and Continue Reading
FTC Can No Longer Seek Monetary Penalties for Violations of Unfair or Deceptive Practices
The Bottom Line The Supreme Court has found that the Federal Trade Commission (FTC) can no longer rely on Section 13(b) of the Federal Trade Commission Act (FTC Act) in order to seek monetary penalties for violations of Section 5 of the FTC Act for “unfair methods of competition” and “unfair or Continue Reading
Marijuana Legalization Has Other States Green with Envy
The Bottom Line New York became the 15th state to legalize recreational marijuana this March, following the lead of New Jersey and three other states where voters approved legalizing recreational marijuana this past November. In a year where states are seeking tax revenue wherever they can get Continue Reading
ViacomCBS Issues Advertising Guidelines for Its Adult Directed Networks
The Bottom Line ViacomCBS (VCBS) has recently issued its “Advertising Guidelines” for its adult-directed linear channels and digital properties, making these its first published guidelines since that merger. Guidelines are not frequently updated, and the creation of a brand new set, created Continue Reading
Supreme Court Narrows Definition of Autodialer in Facebook Ruling
The Bottom Line The U.S. Supreme Court released its eagerly anticipated decision in Facebook Inc. v. Duguid yesterday, narrowly construing the definition of an automatic telephone dialing system, or autodialer, under the Telephone Consumer Protection Act (TCPA) and resolving the Continue Reading
Subscription-Based Marketers Should Prepare for NY’s New Automatic Renewal Law
The Bottom Line As more and more marketers take to the Internet to provide goods and services in this post-pandemic era, subscription-based offerings are on the rise. With the click of a mouse, consumers can get everything from vitamins, to wine, to work out gear on an auto-recurring basis. Continue Reading
Four More States Give the Green Light to Legalize Recreational Marijuana
The Bottom Line Recreational marijuana has been legalized in Arizona, Montana, New Jersey and South Dakota, as ballot initiatives legalizing marijuana have passed in all four states. This brings the tally up to 15 states plus Washington, D.C. that permit recreational marijuana, and 1/3 of Continue Reading
FTC Action Regarding Violations of the Restore Online Shoppers’ Confidence Act and Deceptive Commercial Practices Results in $10 Million Dollar Settlement
The Bottom Line Age of Learning, Inc. (Age of Learning), which operates as ABCmouse, a subscription service for young children’s educational content, agreed to pay $10 million dollars to settle claims by the Federal Trade Commission (FTC) regarding its negative option and billing practices, Continue Reading
A Banner Year for Online Political Ads in a Socially-Distanced Reality
The Bottom Line With less than a month until the 2020 election and the presidential debates in full swing, campaigns are entering the crucial “get out the vote” period of their campaigns and are doing everything they can to motivate their supporters and ensure voters get to the polls. Continue Reading
“Grand Finale?” — Supreme Court to Address the Definition of “Automatic Dialer” Under the TCPA
The Bottom Line Since 1991, the Telephone Consumer Protection Act (TCPA) has set out to end unwanted contact from telemarketers, generally prohibiting (among other things) the use of an “Automated Telephone Dialing System” (ATDS) to call wireless phone numbers without the appropriate level of Continue Reading