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Tag Archives: Mobile Devices

Playing Fair? UK’s OFT Investigates Online and App-Based Games

By Sarah Wells and Susan McLean on Posted in E-Commerce, Ethics

On April 12, 2013, the UK’s Office of Fair Trading (OFT), the UK regulator for consumer affairs and competition, announced that it was launching an investigation into children’s web- and app-based games. In particular, the OFT is looking into whether such games comply with the Consumer Protection from Unfair Trading Regulations 2008 (“Regulations”), and are… Continue Reading

Mobile Apps Bill Introduced in the House of Representatives

By Rick Fischer, Obrea O. Poindexter and Ryan H. Rogers on Posted in FTC, Privacy

Article courtesy of Morrison & Foerster’s Mobile Payments Practice Lawmakers in Washington, D.C., continue to show interest in understanding and developing regulatory proposals relating to mobile apps. The interest appears to be driven, at least in part, by policymakers’ concerns about consumer privacy when using mobile phones and other smart hand-held devices. The issue of… Continue Reading

FDA Letter to Mobile App Developer Signals Regulatory Scheme

By Erin M. Bosman, Aramide O. Fields and Julie Y. Park on Posted in FDA Regulations

In late May 2013, the U.S. Food and Drug Administration (FDA) sent an enforcement letter to a mobile medical app developer for failing to obtain a 510(k) clearance before marketing the app, which the FDA said appears to be a “device” under section 201(h) of the Federal Food, Drug, and Cosmetic Act (FDCA). The mobile… Continue Reading

European Privacy Regulator Issues Important Opinion on the Use of Apps

By Karin Retzer and Alex van der Wolk on Posted in FTC, Privacy

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

FTC Announces Important Settlement With Social Networking App and Releases New Mobile App Report

By Reed Freeman and Nicholas Datlowe on Posted in FTC, Litigation, Privacy

The 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

By John Delaney, Gabriel Meister and Aaron Rubin on Posted in Employment Law, FCC, FTC, IP, Litigation, Privacy, Section 230 Safe Harbor, Statistics, Terms of Use, Trademark

In 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

FCC Rules That Opt-Out Confirmation Text Messages Do Not Violate the TCPA

By Tiffany Cheung, Julie O'Neill and Matthew Galeotti on Posted in FCC, Litigation

Waves of class actions have recently alleged that the delivery of an opt-out confirmation text message violates the Telephone Consumer Protection Act (TCPA). Thus, a Federal Communications Commission (“Commission”) Declaratory Ruling finding that a single opt-out confirmation text does not violate the TCPA comes at a crucial time. The Commission’s decision, issued on November 29,… Continue Reading

FTC Issues Guidance for Mobile App Privacy and Advertising; Signals More Enforcement Coming

By Reed Freeman and Nicholas Datlowe on Posted in FTC, Privacy

On 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

G2G, Yo Quiero TB: Taco Bell Found Not Liable for Franchisee Text Message Campaign

By Jacob Michael Kaufman on Posted in Litigation

Plaintiffs’ attorneys seeking to cash in on grande class action lawsuits against companies that launch text message advertising campaigns suffered a setback in June as the U.S. District Court in the Southern District of California granted Taco Bell summary judgment in a lawsuit for Taco Bell’s alleged violation of the Telephone Consumer Protection Act (TCPA)…. Continue Reading