Carrying out a plan announced earlier this year, the Federal Trade Commission (“FTC”) convened a day-long public workshop on “The Big Picture: Comprehensive Online Data Collection” on December 6, 2012. The workshop was intended to examine the practices and privacy implications of “comprehensive” data collection about consumers’ online activities. Data collection capabilities of entities like
Privacy & Data Security
FTC to Apps: “We’ve Got a Guide for That”
Mobile apps are off the hook! For those of us a bit older, the world clearly is “Going Mobile.”
Just this week, the White House launched its new mobile app, the Pew Research center released a study on Americans’ privacy concerns with apps, Angry Birds marked Freddie Mercury’s birthday by giving him…
FTC Modifies COPPA Rule Proposal
The Federal Trade Commission (“FTC”) has released a new set of proposed amendments in its ongoing review of its Children’s Online Privacy Protection Act (“COPPA”) regulations. These amendments would alter key definitions in the COPPA regulations, modifying the FTC’s original proposal from September 2011. If finalized, the FTC’s proposals to date will significantly change who…
A Short History Of The FTC’s “In Short: Advertising and Privacy Disclosures in a Digital World” Workshop
Yesterday, the FTC convened a day-long public workshop to discuss updating its “Dot Com Disclosures” guidance on presenting online advertising disclosures. The FTC is considering whether it should overhaul this guidance, which dates to 2000, to address current trends such as social media and mobile advertising. The workshop also included a panel devoted to mobile…
Do Not Text: Payless Enters Into NonCash Class Action Settlement
Underage sexting and texting while driving aren’t the only text-related legal battles that are being fought out there. Text messaging by advertisers to consumers is also highly regulated. Companies should only send text messages to those consumers who have given their prior express consent to such text messages (pursuant to a recent FCC order such…
FTC Releases Final Report On Protecting Consumer Privacy
The Federal Trade Commission (“Commission” or “FTC”) released the much-anticipated final version of its report entitled “Protecting Consumer Privacy in an Era of Rapid Change” (“Final Report”), which sets forth legislative recommendations for policymakers concerning privacy and data security and best practices for business for addressing online and offline privacy concerns. While not…
Asking for ZIP Codes in NJ Could Get You in Trouble, but then again, So Could Not Asking
The Third Circuit’s decision in New Jersey Retail Merchants Association (“NJRMA”) has several important implications for gift card sellers, including compliance with abandoned property laws, which have been discussed here. Less widely discussed is the potential conflict between NJRMA’s holding that gift card sellers must collect buyer ZIP codes and privacy restrictions contained in…
FTC to put Apps Under the COPPA Microscope
If you hear someone mention “Angry Birds,” do you think — friend who just got a new iPhone 4s, the friend’s tech-saavy 10 year old daughter who sneaks off with the new iPhone 4s or the neighbor’s cat?
The answer to that question for the exploding world of mobile apps is becoming increasingly important. Last…