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ERSP Recommends Investing Site Discontinue Misleading Pricing Claims and Testimonials

Expressing concerns about the earnings claims and testimonials found in advertising for a personal finance subscription service providing investment recommendations, the Electronic Retailing Self-Regulation Program (ERSP)...more

Ad Industry Groups Weigh In on CCPA Concerns

Answering the call of the California attorney general (AG), ad industry groups are voicing their concerns about the forthcoming California Consumer Privacy Act (CCPA), set to take effect in 2020....more

Accountability Program Targets Targeted Advertising

In a pair of new decisions, the Online Interest-Based Advertising Accountability Program addressed targeted advertising with Publishers Clearing House (PCH) and Fontem, the company behind e-cigarette brand Blu....more

When You Wish Upon a Puppy … CARU Steps In

Just in time for the holidays, the Children’s Advertising Review Unit (CARU) cracked down on television ads for the Wish Me Puppy and recommended that the manufacturer, Jay at Play, modify the advertisements so that children...more

1/23/2019  /  Advertising , CARU , Children's Toys , Puffery

Record $4.95M COPPA Settlement in New York

In what is believed to be the largest Children’s Online Privacy Protection Act (COPPA) settlement to date, Verizon will pay $4.95 million to the New York Attorney General’s Office based on violations allegedly committed by...more

SEC Settles With DJ, Boxer Over Lack of Disclosures

The Securities and Exchange Commission (SEC) indicated its intention to crack down on celebrities promoting initial coin offerings (ICOs), by announcing settlements with DJ Khaled and Floyd Mayweather, who failed to disclose...more

Publisher, PR Firm Settle With FTC Over Endorsements

Providing yet another reminder about regulatory oversight of endorsements, a publisher and public relations firm reached a deal with the Federal Trade Commission (FTC) over paid endorsements that were used in a marketing...more

Retail and Consumer Products Law Roundup - November 2018

California Now Requires Female Directors on Public Company Boards - In a groundbreaking move to bring gender diversity to the boardroom, on Sept. 30, 2018, Governor Jerry Brown signed California Senate Bill 826 (SB 826),...more

Cars.com Tries to Put Data Error Suit in Park

Seeking to dismiss a putative class action alleging that it engaged in consumer protection violations, Cars.com, with headquarters in Illinois, told an Illinois federal court that it could not be held liable for any data...more

Dispute Over Children’s Data Dodges Arbitration

A federal judge in California denied the motion of Viacom, Inc., to compel arbitration in a putative class action challenging the company’s use of children’s data for targeted advertising....more

Trade Group Calls for End to Emoji Vodka Packaging

The trade association for the distilled spirits industry found that the marketing and packaging for a vodka company violated multiple provisions of the group’s marketing code....more

Website Needs Privacy, Sweepstakes Tweaks, CARU Recommends

A coding website directed to kids should modify its privacy practices and include the odds of winning a sweepstakes in a disclosure in order to achieve compliance with both the Children’s Online Privacy Protection Act (COPPA)...more

10/30/2018  /  Advertising , CARU , COPPA , Privacy Policy , Websites

Industry Proposes New ‘Data Transparency Label’

In an effort to improve transparency, the advertising industry released a new label, modeled after the Food and Drug Administration’s nutrition label, that will provide consumers with information about its data use....more

California Enacts Laws on Bots, Slack Fill

As the legislative season in California drew to a close, Governor Jerry Brown signed into law bills that will impact advertisers with regard to bots and slack fill....more

Accountability Program Targets Collection of Geolocation Data

In its latest decision, the Online Interest-Based Advertising Accountability Program highlighted the need to provide consumers with “enhanced notice” when data is collected for interest-based advertising (IBA) on either a...more

Massachusetts Court Runs Down Insurer’s Defense in Coverage Dispute

An advertiser using the name of a famed marathoner without permission is entitled to insurance coverage for a lawsuit accusing the company of false association, the highest court in Massachusetts has ruled....more

New Mexico AG Charges App Maker With COPPA Violations

Alleging violations of the Children’s Online Privacy Protection Act (COPPA) and state consumer protection law, New Mexico Attorney General Hector Balderas filed suit against app maker Tiny Lab Productions....more

Online Accountability Program Tackles Video Ads

The Online Interest-Based Advertising Accountability Program issued its 90th decision in a case involving Vdopia, Inc.’s Chocolate, a mobile video ad exchange and mobile SDK mediation platform....more

California Court Tosses Deceptive Pricing Action

In the latest deceptive pricing class action, a California federal court dismissed a challenge to LensCrafters’ marketing for prescription lenses. Sandra Seegert visited one of LensCrafters’ 130 California stores in April...more

Website Settles COPPA Charges With New Jersey AG

To settle charges that it violated the Children’s Online Privacy Protection Act (COPPA), a California-based website reached a deal with the New Jersey attorney general that included a civil penalty of just under $100,000....more

W3C Finalizes Updates to Accessibility Guidance

Advertisers, take note—the World Wide Web Consortium (W3C) has updated its Web Content Accessibility Guidelines in a new publication, WCAG 2.1. While not the official standard for technical requirements for making...more

Take Two: ANA Updates Transparency Template

Two years after releasing a report on media transparency accompanied by a services agreement template, the Association of National Advertisers provided an update with version 2.0....more

Lack of Disclosures Remains Problematic for Social Media Influencers

A new class action charges brands with paying social media influencers to promote their products while failing to ensure appropriate disclosures were made....more

CARU Has a Song of Modification for Karaoke App

A karaoke app should modify its privacy practices to achieve compliance with the Children’s Online Privacy Protection Act (COPPA) and the Children’s Advertising Review Unit’s (CARU) guidelines, the self-regulatory body has...more

Pizza Chain Delivers Advertising Challenge

A cease and desist letter from Domino’s Pizza hasn’t deterred a small pizza chain from continuing to challenge the national company in its advertising....more

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