On February 27, 2013, the European Article 29 Working Party (a group comprising representatives from all of the data protection authorities of the EU Member States, referred to in this articles as “WP29”) issued an Opinion on the privacy and data protection implications of the use of apps on mobile devices (“the Opinion”). The Opinion… Continue Reading
Category Archives: FTC
Subscribe to FTC RSS FeedFederal Court in Manhattan “Likes” Service of Process via Facebook
Posted in FTC, LitigationOn March 7, 2013, a federal court in Manhattan ruled, in Federal Trade Commission v. PCCare247 Inc., that service via Facebook is an acceptable alternative means of serving court documents on foreign defendants. Although this is a watershed ruling in many respects, in other ways, it is a natural extension of current authority in a… Continue Reading
FTC Updates Its “Dot Com Disclosures” With a Focus on Social Media Advertising
Posted in FTCOn March 12, 2013, the Federal Trade Commission (FTC) issued an important update to its “Dot Com Disclosures” guide to advertisers on making effective online disclosures. In doing so, the FTC has driven home the points that: The consumer protection laws apply to all advertisers, regardless of the medium used—and including social media, even where there… Continue Reading
FTC Announces Important Settlement With Social Networking App and Releases New Mobile App Report
Posted in FTC, Litigation, PrivacyThe Federal Trade Commission (FTC) announced a potentially groundbreaking settlement with the social networking app Path and released an important new staff report on Mobile Privacy Disclosures late last week. The FTC’s Settlement with Path suggests a new standard may be on the near-term horizon: out-of-policy, just-in-time notice and express consent for the collection of… Continue Reading
New Issue of the Socially Aware Newsletter Now Available
Posted in Employment Law, FCC, FTC, IP, Litigation, Privacy, Section 230 Safe Harbor, Statistics, Terms of Use, TrademarkIn the latest issue of Socially Aware, our Burton Award-winning guide to the law and business of social media, we look at recent First Amendment, intellectual property, labor and privacy law developments affecting corporate users of social media and the Internet. We also recap major events from 2012 that have had a substantial impact on… Continue Reading
FTC Issues Substantially Revised COPPA Rule, Effective July 1, 2013: Review of Changes and Compliance Tips
Posted in FTC, PrivacyOn December 19, 2012, the Federal Trade Commission (“Commission”) announced long-awaited amendments to its rule implementing the Children’s Online Privacy Protection Act (“Rule”). The changes—which take effect on July 1, 2013—are significant. They alter the scope and obligations of the Rule in a number of ways. We discuss the revisions in greater detail below. The… Continue Reading
FTC Snuffs Out Online “History Sniffing”
Posted in FTC, PrivacyThe Federal Trade Commission (FTC) has cracked down on a company that was engaged in “history sniffing,” a means of online tracking that digs up information embedded in web browsers to reveal the websites that users have visited. In a proposed settlement with Epic Marketplace, Inc. and Epic Media Group (together, “EMG”) announced on December… Continue Reading
California A.G. Makes Good on Promise to Pursue Apps That Don’t Comply With the State’s Privacy Policy Law
Posted in FTC, PrivacyOn October 30, 2012, California Attorney General Kamala Harris announced that her office would begin notifying the developers of as many as 100 mobile apps that their apps do not comply with the state’s Online Privacy Protection Act (OPPA) and that they have 30 days to bring them into compliance. The announcement does not come… Continue Reading
FTC Issues Guidance for Mobile App Privacy and Advertising; Signals More Enforcement Coming
Posted in FTC, PrivacyOn September 5, 2012, the Federal Trade Commission (FTC) published a brief guide to assist developers of mobile applications, both large and small, in complying with truth-in-advertising, privacy, and data security principles. In publishing this advice, the FTC makes clear that its Section 5 enforcement powers against unfair or deceptive acts or practices apply in… Continue Reading
The FTC’s Spokeo Settlement Highlights Social Media-Related Legal Risks
Posted in FTC, LitigationThe Federal Trade Commission (FTC) recently reached an $800,000 settlement with the data broker Spokeo, Inc. (“Spokeo”). The FTC’s complaint alleged violations not normally seen together: First, that Spokeo distributed personal information for background checks by employers in ways that failed to comply with the Fair Credit Reporting Act (FCRA) and, second, that Spokeo’s employees… Continue Reading
More Change Coming: The FTC Proposes Further Significant Changes to Its COPPA Rule
Posted in FTC, PrivacyThe Children’s Online Privacy Protection Act of 1998 (“COPPA”), which became effective in April 2000, has long served as the primary regulatory tool of the Federal Trade Commission (the “FTC”) to police online privacy issues concerning children under 13. The COPPA Rule (the “Rule”), promulgated by the FTC pursuant to COPPA, in general requires the… Continue Reading
Face Off: Consumer Sues Hockey Team Over Text Messages
Posted in FTC, LitigationEarlier this year, Fred Weiss, a Pittsburgh Penguins hockey team fan, responded to an offer to receive text messages alerting him to team news and special offers. Although the terms pertaining to the call-to-action apparently promised Weiss that he would receive no more than three messages per week, he alleges that he received five messages… Continue Reading
FTC’s Privacy Report Suggests Tightening of Privacy Regime, Provides Guidance to Business
Posted in FTC, PrivacyOn March 26, 2012, the Federal Trade Commission (the “Commission” or “FTC”) released its much-anticipated final privacy report, Protecting Consumer Privacy in an Era of Rapid Change. The report builds upon the Commission’s December 2010 preliminary report, and provides recommendations for businesses and policymakers with respect to online and offline privacy practices. The report will… Continue Reading
Warning Signs: Promotions Using Facebook’s “Like” Feature
Posted in FTC, NAD, Online PromotionsIn a recent case of first impression, the National Advertising Division of the Council of Better Business Bureaus (“NAD”) – an industry forum for resolving disputes among advertisers – addressed an advertiser’s use of Facebook’s “like” feature in connection with an online promotion. Such promotions – referred to as “like-gated” promotions, typically ask a Facebook user… Continue Reading
Key Moments in Social Media Law
Posted in Copyright, DMCA, FTC, Infographic, IP, Privacy, Supreme CourtProposed Facebook Settlement Underscores the FTC’s Privacy Priorities
Posted in FTC, PrivacyOn November 29, 2011, the Federal Trade Commission (“FTC”) announced a proposed order against Facebook that builds upon both the FTC’s recommendations from its 2010 draft privacy report and precedents set in the order that it recently imposed on Google. Any business that collects personal information from consumers should pay close attention to this action… Continue Reading
Social Media Policies for IRS, Veterans Affairs, Distilled Spirits Council and More
Posted in FTC, Status UpdatesIRS Personal Use Policy Your tax dollars at work: The IRS has issued a new personal computer use policy that prohibits employees from using government computers to access social networking sites. Other personal-use websites, such as Craigslist, dating sites, and pornographic sites are also off-limits according to the new policy. Department of Veterans Affairs Social… Continue Reading
Real News About Fake News Sites
Posted in FTCThe Federal Trade Commission (“FTC”) recently asked federal courts to shut down ten websites that touted the purported benefits of acai berry weight-loss products. These were not your average promotional sites: Each was convincingly designed to have the look and feel of a news reporting site. For example, the headline of one site read, “Acai… Continue Reading