Category Archives: Online Privacy

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NAI’s 2020 Code Effective January 1 Along with CCPA

Liisa ThomasElfin NoceJulia KadishBy Liisa Thomas, Elfin Noce and Julia Kadish on Posted in Behavioral Advertising, Consumer Privacy, Online Privacy
The Network Advertising Initiative, which provides guidance to advertisers who engage in personalized advertising, updated its Code of Conduct (2020 Code) earlier this year to address, inter alia, data collected offline and used for tailored advertising, as well as CCPA and TV-based tailored advertising. In anticipation of the January 1, 2020 effective date of the … Continue Reading

Utility Provider Settles Call Recording Lawsuit for $3.7 Million

Robert HoughSarah WilliamsonBy Robert Hough and Sarah Williamson on Posted in California, Communication Privacy, Consumer Privacy, Online Privacy, TCPA
Tiger Natural Gas, Inc. recently settled a class action privacy suit alleging that it illegally recorded sales calls with over 27,000 potential customers. Although Tiger hired a third party to handle its telemarketing, Tiger will pay $3.7 million on the claims as the advertiser with ultimate liability for non-compliance. According to the plaintiffs, neither company … Continue Reading

Nevada’s Amended Privacy Law: Groundbreaking or More of the Same?

Rebecca MackinLiisa ThomasBy Rebecca Mackin and Liisa Thomas on Posted in Consumer Privacy, Online Privacy
Nevada recently amended its existing online privacy law to give Nevada residents the ability – in certain circumstances – to opt out of the sale of their data to third parties. The amendment goes into effect October 1, 2019, and modifies Nevada’s current requirement that website operators have privacy policies. As amended, companies who must … Continue Reading

CARU Takes Action Against Two Mobile Apps

Robert HoughBy Robert Hough on Posted in Children's Privacy, Consumer Privacy, COPPA, Online Privacy
Two mobile apps directed at children were recently subject to action by the Children’s Advertising Review Unit. The first, “My Talking Tom,” is a virtual pet game for children operated by Outfit7 Limited. One issue was the display of Outfit7’s privacy policy. Under the Children’s Online Privacy Protection Act, privacy policies must be understandable, and … Continue Reading

UK ICO Fines Parenting Club £400,000 Over Breach Involving PII of Mothers and Babies

Liisa ThomasBy Liisa Thomas on Posted in Behavioral Advertising, Children's Privacy, EU Privacy, Online Privacy
The ICO first began its examination of Bounty UK Ltd. (a support club for parents) when the ICO was investigating the data brokerage industry generally, of which it viewed Bounty as taking part (given that it shared member information with third parties like Acxiom and Equifax). Here, in reaching its conclusion that the company had … Continue Reading

E-Cig Company Settles Online Behavioral Advertising Inquiry

Liisa ThomasBy Liisa Thomas on Posted in Consumer Privacy, Online Privacy
A Dutch e-cigarette company recently settled a self-regulatory inquiry over its online behavioral advertising practices. The Accountability Program (a US self-regulatory group that oversees online and interactive behavioral advertising) found that the company, Fontem, did not provide sufficient methods for individuals to opt out of online behavioral advertising (OBA). The Accountability Program enforces the Digital … Continue Reading

California Pioneers IoT Security Legislation

Liisa ThomasBy Liisa Thomas on Posted in Consumer Privacy, Data Security, Online Privacy
California’s governor recently signed into law a bill requiring connected device manufacturers to include “reasonable” security features for connected devices sold in California. The law doesn’t go into effect until January 1, 2020, and requires that the devices have security “appropriate to the nature and function of the device” and appropriate to the type of … Continue Reading

Apple Imposes Privacy Policy Requirement for All Apps Operating on its Platform

By Sheppard Mullin on Posted in Consumer Privacy, Mobile Privacy, Online Privacy
As Apple recently reminded developers, starting on October 3, 2018 it will require all apps being submitted for distribution through its app store, or for testing by its TestFlight service, to have a publicly posted privacy policy. This requirement was incorporated into Apple’s App Store Review Guidelines and will apply to all new apps, as … Continue Reading

UK’s ICO Fines Marketing Company Over Unsolicited Emails

Liisa ThomasBy Liisa Thomas on Posted in Europe, Online Privacy
The UK’s data protection authority, the ICO, recently fined marketing firm Everything DM Ltd for sending almost 1.5 million marketing emails without obtaining sufficient consent as required by the UK’s Privacy and Electronic Communications Regulations. In particular, the company sent messages on its clients behalf, the messages appeared to the recipient to come from the … Continue Reading

New York Federal Court Dismisses Nationwide Class Action Arising Out of Alleged Spying by E-Commerce Retailers

Kari RollinsDavid PoellBy Kari Rollins and David Poell on Posted in Data Security, Online Privacy
In a victory for online retailers, a New York federal court recently dismissed three putative class action lawsuits brought on behalf of website visitors whose mouse clicks, keystrokes, and electronic communications were tracked by a third-party marketing company. The cases were filed against three e-commerce retailers—Casper (a mattress manufacturer and retailer), Tyrwhitt (a men’s clothing … Continue Reading

Unixiz Settles COPPA Allegations with NJ AG

Liisa ThomasBy Liisa Thomas on Posted in Children's Privacy, COPPA, Data Breach, Data Security, Online Privacy
Unixiz, operator of the i-Dressup site, reached an agreement with the New Jersey Attorney General to settle charges that the company had violated the Children’s Online Privacy Protection Act and the New Jersey’s Consumer Fraud Act. The New Jersey AG claimed that Unixiz violated these statutes by collecting information about children without first getting parental … Continue Reading

FTC Provides Insight into COPPA Deletion Requirements

By Sheppard Mullin on Posted in Children's Privacy, Consumer Privacy, FTC, Online Privacy
The Federal Trade Commission recently posted a blog entry reminding companies about the deletion requirements under the Children’s Online Privacy Protection Act. Namely, that companies under the Act must give parents the right to review and delete their children’s information. In addition COPPA also requires companies to delete children’s personal information when the information is … Continue Reading

DoC Comments on Privacy Shield In Advance of GDPR

Liisa ThomasMatthew TuretzkyBy Liisa Thomas and Matthew Turetzky on Posted in Consumer Privacy, GDPR, Online Privacy, Privacy Shield
The Department of Commerce issued an update to explain how it has supported the E.U.-U.S. and Swiss-U.S. Privacy Shield frameworks. As we have written previously, the Shield gives E.U. companies a basis under which it can send personal data to entities in the U.S. The comments from Commerce come after the Europeans raised concerns about the … Continue Reading

NJ AG Settles with Chinese Firm Over COPPA Violations, FTC Sends Warning Letters

Liisa ThomasBy Liisa Thomas on Posted in Children's Privacy, COPPA, Online Privacy
The NJ attorney general recently announced that it settled with a Chinese entity over violations of COPPA. The company promotes itself as a “virtual beauty counter,” and makes a variety of apps that let consumers virtually try on makeup. These apps include facial recognition technology, as well as photo-editing tools that allow users to customize … Continue Reading

Dawn of the New FTC

Jonathan E. MeyerBy Jonathan E. Meyer on Posted in Consumer Privacy, FTC, Online Privacy
On April 26, the Senate voted to confirm nominees to all five Commissioner slots on the Federal Trade Commission. It was the first time the entire FTC has been confirmed at once since its founding in 1914. The new roster of Commissioners raises new questions about the role the FTC will play in cybersecurity and … Continue Reading

Connected Toys, COPPA, and What’s Next

By Sheppard Mullin on Posted in Children's Privacy, Internet of Things, Online Privacy
The settlement between VTech Electronics Ltd. and the FTC in the first Internet-connected toys COPPA case is a reminder for companies looking to enter the connected toys space not to forget this child-focused law. The FTC complaint alleged that VTech violated the Children’s Online Privacy Protection Act and the FTC’s COPPA Rule because it collected … Continue Reading

How to Prepare Interest-Based Video Ads for the April 1 Deadline

Liisa ThomasBy Liisa Thomas on Posted in Behavioral Advertising, Consumer Privacy, Online Privacy
The Better Business Bureau’s Online Interest Based Advertising Accountability Program announced that that it will require interest-based video ads to provide notice and choice to viewers as of April 1, 2018, as we reported in our Advertising blog, in compliance with the Digital Advertising Alliance’s self-regulatory principles for interest-based advertising. As providers of interest-based video … Continue Reading

France Joins Others, Enforces Against Connected Toys

By Sheppard Mullin on Posted in Children's Privacy, Consumer Privacy, Online Privacy
France’s data protection commissioner joins others in taking action against toymaker Genesis Toys related to its popular internet-connected toys My Friend Cayla and i-Que Robot. Last December, a number of consumer groups filed complaints with regulators in the U.S. and Europe raising privacy and security concerns about the toys. The groups asserted that the toys … Continue Reading
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