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The INFORM Act Passes; Combating Counterfeiting with Transparency in Online Sales

registered trademarkThe recent passage of the Integrity, Notification, and Fairness in Online Retail Marketplaces for Consumers Act (INFORM Act) bears significant implications for brand owners and online marketplaces. For brand owners, the disclosure of collected information could yield valuable intelligence about possible counterfeiters. Such information can be used to help brand owners enforce their rights by … Continue Reading

FTC Warning to Website and Mobile App Publishers: Disclose Cross-device Tracking

Website and app publishers rely on third parties that associate tracking technologies with their content to provide analytic and advertising data and services. Increasingly, this includes use of probabilistic and deterministic techniques to associate users across the many devices they may use to access the Internet and various sites and apps. This is known and … Continue Reading

Mobile Apps That Appeal to Children Face Increased Regulatory Scrutiny

In September 2015, the Online Interest-based Advertising Accountability Program (Accountability Program) of the Advertising Self-regulatory Council (ASRC) began enforcing the Digital Advertising Alliance (DAA) Guidelines for Mobile Advertising (Mobile Guidance) and now the inevitable has happened: the Accountability Program has issued three compliance decisions with mobile app publishers whose apps allegedly failed to comply with … Continue Reading

Five Takeaways from the DAA’s Recent Cases Involving Interest-Based Ads

As we have previously chronicled here and here, the Digital Advertising Alliance (DAA) continues its sweep of interest-based advertising (IBA) through its enforcement vehicle, the Better Business Bureau’s Online Interest-Based Advertising Accountability Program (OIBAAP). Two recent OIBAAP decisions involving web publisher Hollywood Reporter and programmatic advertising agency Varick Media Management provide further guidance on the … Continue Reading

The FTC Weighs In on Big Data

The United States Federal Trade Commission (FTC) has issued a new Report on Big Data, entitled “Big Data:  A Tool for Inclusion or Exclusion? Understanding the Issues,” to provide guidance to companies about their Big Data practices. While acknowledging the numerous issues associated with the use of Big Data, the FTC explicitly limited its focus to … Continue Reading

Native Advertising, the First Amendment and the FTC

Editor’s Note: This blog post is a joint submission with BakerHostetler’s Data Privacy Monitor blog. New York Partner Fernando A. Bohorquez, Jr. and Associate Alan Pate today published “All Native Advertising is Not Equal — Why that Matters Under the First Amendment and Why it Should Matter to the FTC” in the Media Law Resource … Continue Reading
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