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The digital advertising industry, driven by advertising technology (AdTech), has dramatically transformed how businesses reach their target audiences. AdTech encompasses various tools and software that facilitate the buying,...more
The world of digital advertising is always changing. Google’s recent move to delay the end of third-party cookies gives us a bit more time, but the push for better user privacy and data protection is here to stay. In this...more
If you do not know what a pixel is, you may have a problem and should read on. This article will explain the recent trend of “pixel litigation” and suggest some ways to help companies avoid liability and avoid becoming...more
The Federal Trade Commission (FTC) and the U.S. Department of Health and Human Services' Office for Civil Rights (OCR) recently published a warning letter that they jointly sent to more than 130 hospital systems and...more
On February 1, 2023, the Federal Trade Commission (“FTC”) announced that it filed a “first-of-its-kind proposed order” under its Health Breach Notification Rule promulgated pursuant to section 13407 of the American Recovery...more
On February 1, 2023, the FTC announced a proposed $1.5 million settlement with GoodRx Holdings, based on alleged violations of the Federal Trade Commission Act (“FTC Act”) and Health Breach Notification Rule (“HBNR”) for...more
North Carolina Power Outage Points to Homeland Security Long-Documented Threats to US Power Grid - “Moore County blackouts serve as reminder that nation’s electricity infrastructure could be vulnerable targets for domestic...more
On August 24, 2022, California Attorney General Rob Bonta (“AG”) announced a settlement with Sephora, Inc., resolving allegations that the company violated the California Consumer Privacy Act (“CCPA”). ...more
In the tech space, the tools at our disposal and the associated terminology fluctuate more than the late, great Prince decided to change his stage name. This time up, the “Artist Formerly Known as Universal Analytics” had a...more
The Digital Advertising Accountability Program, which enforces privacy principles for digital advertising, issued a compliance warning to advertisers regarding device fingerprinting. This warning is worth keeping in mind,...more
As of this week, Apple’s requirements for apps to follow its AppTrackingTransparency are now in effect. These requirements went hand-in-hand with the iOS 14.5 launch, and impacts how an app can track users and access their...more
In the latest General Data Protection Regulation (GDPR) news, the European Union (EU) Court of Justice ruled that companies cannot use pre-checked boxes to obtain consumer consent to be tracked with cookies and must instead...more
Fitbit may lose some sleep over a putative class action challenging the advertising claims for its sleep-tracking function after the court denied the company’s motion for summary judgment in the case....more
Back in February, VIZIO, one of the world’s largest manufacturers of “smart” televisions, reached a $2.2 million settlement with the Federal Trade Commission (FTC) and the New Jersey attorney general’s office. The company had...more
Not-So-Smart TV: Vizio Settles Over Data Collection - For installing software on smart TVs and collecting viewing data on 11 million consumers without their knowledge or consent, Vizio, Inc. will pay the Federal Trade...more
If you or your third-party providers are engaged in cross-device tracking, you must adequately disclose the practice to your end users, provide them control over their information, and exercise care when collecting sensitive...more
Bluetooth beacons can be a powerful tool for customer engagement. The 2015 holiday season saw retailers experimenting with this kind of proximity marketing, and 2016 is looking like it will see the large-scale deployment of...more
Recently in United States v. InMobi Pte Ltd., the Federal Trade Commission (FTC) set a new standard for geolocational tracking. The FTC told app developers and app marketers one simple rule: honor consumers location privacy...more
A goal of providing effective disclosures to consumers is to allow consumers to make informed decisions. But what must be done to make disclosures effective? This was the question the Federal Trade Commission (FTC) explored...more
I have commented before on the use of location based services on mobile telephones and that apps (and your telecommunications provider) use and sell your location data for all sorts of purposes without your knowledge. The...more
The class action was brought by Verizon subscribers against a “targeted advertising” company business partner of Verizon (Turn, Inc.) for deceptive trade practices under New York law. Plaintiffs alleged that Turn violated...more
To say that mobile device usage has reached a tipping point would be an understatement. There are now more mobile devices than people in the world, a staggering 7.9 billion mobile devices for 7.4 billion people on Earth. In...more
FTC's Brill to Advertisers: Enhance Consumer Notice, Control - Exhorting advertisers to provide consumers with greater notice and control—particularly with regard to native advertising and cross-device...more