The Bottom Line As the FTC continues to explore its broader enforcement agenda, brands and marketers should ensure that their practices are lawful. While a response to a Notice of Penalty Offenses is not required by the FTC, any entity receiving such notice should conduct a review of their Continue Reading
AdExchanger | The 10,000-Word Privacy Policy, Thanks To New Laws
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
“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
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
After Electoral Dysfunction, What Subprime Auto Can Expect From a Biden Administration
FTC Action Regarding Violations of the Restore Online Shoppers’ Confidence Act and Deceptive Commercial Practices Results in $10 Million Dollar Settlement
The Bottom Line The FTC has made it clear that it will not tolerate deceptive negative option and billing practices and will enforce heavy penalties on companies that do not comply with the law.Marketing practices for online subscriptions services need to be transparent and truthful. Consumers must Continue Reading
E-Tailers Beware: Regulators Are Drilling Down on Negative Option Marketing
7th Edition: Trends in Marketing Communications Law If you look at your credit card statements, chances are that you have one or more recurring monthly or annual charges, whether for media subscriptions, meal delivery services, workout apps, cosmetics shipments or clothing rentals. Subscription Continue Reading
Record COPPA Settlements Indicate Stronger Privacy Protections for Children
7th Edition: Trends in Marketing Communications Law Last year, the Federal Trade Commission (FTC) reached record settlements with popular online social media platforms that were collecting personal information from children in violation of the Children’s Online Privacy Protection Act Continue Reading