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FTC Enters Proposed Consent Order Against Lord & Taylor for Native Advertising Campaign

The Federal Trade Commission (“FTC”) has wasted no time in bringing an action against an advertiser for allegedly deceptive native advertising. The FTC released its Enforcement Policy on Deceptively Formatted Advertisements (“Native Advertising Guidelines”) in late December 2015 (which we blogged about here) and last week the FTC concluded an enforcement action against Lord & … Continue Reading

FTC Releases Policy Statement and Business Guides on Native Advertising

Just before 2015 came to an end, the Federal Trade Commission (“FTC”) released its much anticipated Enforcement Policy Statement on Deceptively Formatted Advertisements (“Policy Statement”) along with informal, practical guidance for businesses titled “Native Advertising: A Guide for Businesses” (“Business Guides”). The FTC first began considering native advertising in a December 2013 workshop. Native advertising … Continue Reading

Caveat Venditor: FTC Amends Telemarketing Sales Rule to Enhance Anti-Fraud Protections and to Update and Clarify Several Key Provisions Relating to the National Do Not Call Registry

On November 18, 2015, the Federal Trade Commission (FTC) released a final rule setting forth a number of key amendments to its Telemarketing Sales Rule (TSR).  [FN1]  Specifically, in response to changes in the financial marketplace, the final rule prohibits the use of certain payment methods in telemarking.  In addition, and of likely much greater … Continue Reading

RadioShack Bankruptcy Case Highlights Value of Consumer Data

On Thursday, a bankruptcy judge granted final approval of the sale of RadioShack Corporation (“RadioShack”) assets to General Wireless Operations Inc. (“General Wireless”), which included customers’ personal information. In the order, the Delaware bankruptcy judge stated “ . . . no showing was made that the sale of personally identifiable information (the “PII”)(as defined in … Continue Reading

Domain Complaints – The Public’s Concern and ICANN’s Request Regarding Closed Generic Domains

ICANN’s system for new generic top level domains (gTLDs) presents a number of issues that have yet to be resolved – and ICANN has recently asked the public to help with a solution to one of them. About 1900 applications for new gTLDs are currently pending. Only about 40% of these are applications for brand … Continue Reading

Google+ Pages Allow Linking, but Not Hosting Promotions

Google+ just opened itself up for businesses and now allows entities to set up company Google+ pages. With this launch, Google announced a number of policies dictating what page owners can and cannot do on their Google+ page, including its “Contest and Promotion Policies.” These new policies outright prohibit anyone from running “contests, sweepstakes, offers, … Continue Reading

MMA Proposes Mobile Application Privacy Policy Framework

The Mobile Marketing Association ("MMA"), an industry group, has released its Mobile Application Privacy Policy Framework ("Guidelines") for public comment, which they are accepting through November 18th. The intent of the Guidelines is to create a framework for developers to use to provide clear and functional privacy disclosures to consumers who use mobile applications.… Continue Reading

Recent News: Smartphones & Location Privacy, NSTIC, and More . . .

Our readers may have noticed that there is a lot in the privacy news this week. On Monday, I appeared on FoxNews.com Live to discuss smartphones and location privacy. Yesterday, Dave appeared on Fox 31 Denver KDVR to discuss The National Strategy for Trusted Identities in Cyberspace (NSTIC). And new privacy and security law stories are breaking on a daily (sometimes hourly) basis. We will continue to watch these and other rapidly evolving issues and will post new developments here. … Continue Reading

FTC Launches Privacy Portal

Today, the Federal Trade Commission announced the launch of a business center portal to help businesses understand and comply with privacy and information security requirements that the FTC enforces. The new portal provides centralized access to the FTC's privacy and information security regulations, enforcement actions and guides. The main portal also offers information about compliance with advertising, credit, telemarketing and myriad other requirements. A series of short videos explain what businesses need to know to comply, and the business center blog offers latest compliance tips and information. … Continue Reading

Data Commissioners Conference in Jerusalem Focuses on Future of Privacy, Cooperation and Enforcement

Last week, we joined privacy regulators, practitioners and industry representatives from around the world in Jerusalem for the 32nd International Conference of Data Protection and Privacy Commissioners. On numerous panels, conference participants engaged in lively discussions about privacy compliance and enforcement as well as the future of privacy in light of evolving consumer expectations and advances in technology that tracks and identifies individuals. … Continue Reading
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