The Bottom Line The AOL settlement – which requires AOL to pay the largest COPPA penalty ever to date — is the most recent instance in which the New York Attorney General’s Office has sought to enforce COPPA. While most ad tech industry members have long known that behavioral advertising cannot be Continue Reading
FTC Brings Action Against PR Agency and Publisher For Misleading Online Endorsements and Deceptively Formatted Advertising
The Bottom Line The FTC is, once again, making it clear that all involved parties have a duty to comply with the FTC’s rules regarding paid endorsements and native advertising practices — and that it is equally willing to take action against agencies and publishers when they violate these rules. Continue Reading
NAD’s BuzzFeed Decision May Be a Roadmap for Affiliate Marketing
The Bottom Line Online publishers using affiliate links in association with content that reviews or recommends products to consumers must disclose their relationship with the retailers. In addition, online publishers using affiliate links in paid-for advertising must be able to substantiate product Continue Reading
Supreme Court Rules “Amazon” / “Nexus” Taxes Are Permissible
The Bottom Line The Supreme Court’s Wayfair decision confirmed that states may collect sales tax on internet sales between consumers and retailers who don’t have a physical presence in the state.In anticipation of a flurry of related legislation, online retailers, marketing affiliates and all Continue Reading
Legal Risks Abound as the World Cup Kicks Into Gear
The Bottom Line Although Russia's World Cup Law is not enforceable in the United States — and we cannot advise on marketing activities conducted in Russia — FIFA has made clear that it views ambush marketing in whatever form as unlawful and infringing on its intellectual property rights. Continue Reading
Federal Appeals Court Strikes Down Key Parts of the FCC’s TCPA Order
The Bottom Line The court's decision sends the FCC back to the drawing board, providing the marketing industry with an opportunity to offer input as the FCC reconsiders its interpretation of the TCPA. Indeed, a coalition led by the U.S. Chamber of Commerce has petitioned the FCC to craft a narrow Continue Reading
NCAA Obtains Injunction Over “March Madness” and “Final Four” Trademarks
The Bottom Line The NCAA has a history of diligently monitoring "Final Four," "March Madness" and other trademarks connected to the Division I Men's Basketball Tournament, and will be quick to act on unauthorized uses, especially when used to market or promote third-party products. Although Continue Reading
FCC Proposes $13.3M Fine Against Sinclair Broadcast Group for Apparently Violating Sponsorship Identification Rules
The Bottom Line The FCC's enforcement action against Sinclair for apparent failure to disclose sponsorship identification resulted in a record-setting proposed fine. This is part of a larger, recent trend by regulators ensuring that relevant material information is disclosed to consumers in an Continue Reading
Behavioral Advertising Developments: A Compliance Warning and an Enforcement Action
The Bottom Line Companies engaged in IBA should pay particular attention to two recent compliance developments regarding the enhanced notice in video ads and the new cross-device guidance.As advertising retargeting methods and media continue to evolve, companies must always consider at the outset Continue Reading
FTC Announces First COPPA Action Involving Connected Toys
The Bottom Line As the first COPPA case involving connected toys, the FTC's settlement with VTech should be a reminder to all companies that they must fully comply with COPPA and must take reasonable steps to protect sensitive data, particularly any data collected from children. In addition, Continue Reading