Turn, Inc. (Turn), a California based company that enables sellers to target digital advertisements to consumers via a website or mobile app, settled allegations by the Federal Trade Commission (FTC) that it deceived consumers by tracking them online and through their mobile app even after consumers opted out of such tracking. Director of the FTC’s Bureau of Consumer Protection, Jessica Rich said, “Turn tracked millions of consumers online and through mobile apps even if they had taken steps to block or limit tracking. The FTC’s Order will ensure the company honors consumers’ privacy choices.”

According to the FTC’s complaint, Turn’s privacy policy told consumers that they could block targeted advertising by using their web browser’s settings to block or limit cookies. The FTC also said in its complaint that Turn also said that it blocked tailored ads on mobile apps but that it failed to honor that charge. The FTC’s Order requires Turn to cease from misrepresenting its online tracking practices and the ability of users to limit or control the company’s use of their data. The Order also requires Turn to provide effective opt-out for consumers who do not wish to have their information used for targeted advertising. Turn must also place a prominent hyperlink on its website’s homepage that links to a disclosure explaining exactly what information Turn collects and uses for targeted advertising. There was no monetary penalty for Turn’s violations of the Federal Trade Commission (FTC) Act.

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