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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

Study Not Playing Around With Gaming Loot Boxes

A new study with concerns about “problem gambling” habits has pushed for a closer look at loot boxes, the in-game rewards popular in online gaming. Loot boxes typically contain something of value specific to the game—such...more

10/5/2018  /  Gambling , Gaming , Internet , Online Gaming

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

Dunkin’ Donuts Gets Burned by ADA Decision

In a plaintiff-friendly decision, the U.S. Court of Appeals for the Eleventh Circuit sided with a blind man to find that his allegations of website inaccessibility were sufficient to move his Americans with Disabilities Act...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

McQueen Family Crashes Ferrari’s Limited-Edition Car

Ferrari tried to cash in on Steve McQueen’s fame and well-known love of cars by selling a limited-edition vehicle dubbed “The McQueen” without permission from his heirs, according to a new California state court complaint....more

Video Game Industry Plays for FTC Approval of COPPA Program

Modifications to the video game industry’s self-regulatory program designed to comply with the Children’s Online Privacy Protection Act (COPPA) Rule have been granted approval by the Federal Trade Commission....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

California Appellate Panel Issues Plaintiff-Friendly Deceptive Pricing Decision

A California appellate panel reversed dismissal and reinstated a deceptive pricing action against electronics retailer Newegg in a broad ruling that will make it easier for plaintiffs to bring similar cases....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

Court Orders USPS to Put $3.5M Check in the Mail

In what could turn out to be one of the most expensive copyright mistakes ever, the U.S. Postal Service will pay a sculptor more than $3.5 million in royalties after accidentally using an image of his art on a popular stamp....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

Retail and Consumer Products Law Roundup - July 2018

California Governor Signs Sweeping New Privacy Legislation - Governor Brown and California legislators enacted far-reaching consumer privacy and data security protections in a deal to avoid a deeply flawed privacy...more

Twice the Work? Vermont Adopts New Auto Renewal Law

Vermont’s new automatic renewal law for consumer contracts will likely create twice the work for companies using such programs, as it now requires a double opt-in for auto renewal provisions....more

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