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At a press conference on August 11, 2022, the Federal Trade Commission (FTC or Commission) announced an Advance Notice of Proposed Rulemaking (ANPR), which was published, along with a fact sheet, to explore potential new rules governing what the FTC characterizes as prevalent “commercial surveillance” and “lax data security practices.” The FTC issued the

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On August 24, 2022, the Federal Trade Commission (FTC or Commission) submitted a report to the Congressional Committees on Appropriations detailing current resources and personnel dedicated to COPPA enforcement, the number of COPPA violation investigations over the past five years, and the types of relief obtained in completed investigations. The report was submitted in response

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On May 12, 2022, the European Data Protection Board published guidelines with a methodology for calculating fines for violations of the General Data Protection Regulation (GDPR). These guidelines were subject to a public consultation until June 27, 2022.

Because these guidelines are likely to have an influence on future decisions by data protection authorities in

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As we previously reported, the Federal Trade Commission (FTC) seeks comments on proposed updates to its Guides Concerning the Use of Endorsements and Testimonials in Advertising (Endorsement Guides). The FTC’s notice was published in the Federal Register on July 26, 2022 (87 Fed. Reg. 44288), and comments must be received by September 26, 2022.

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The Federal Trade Commission (FTC or Commission) has issued several new proposals or policy statements affecting advertisers recently, including resurrection of its Penalty Offense Authority and an Enforcement Policy Statement Regarding Negative Option Marketing (which we previously reported on here). The FTC is now seeking public feedback on a proposal to enhance and strengthen

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Children’s Online Privacy Protection Act (COPPA) enforcement actions closed out 2021 (see our blog post) and children’s online privacy remains a hot topic in Congress in 2022. After a series of articles by The Wall Street Journal last September uncovered Instagram’s own research on possible harms to teenagers from social media engagement, members of the

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Two important settlements involving alleged violations of the Children’s Online Privacy Protection Act (COPPA) were announced in December 2021. Actions by both federal and state regulators reinforce that COPPA remains on the regulatory radar screen, particularly when it comes to ad tech. Efforts to more broadly limit programmatic advertising are also underway.

FTC and OpenX

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The Federal Trade Commission (FTC) took the unprecedented step of removing one of the approved Safe Harbor organizations under the Children’s Online Privacy Protection Act (COPPA) for failing to provide effective monitoring and assessment of its member companies’ websites, as required under the COPPA Rule. Earlier this year, Commission staff warned Aristotle International, Inc., whose

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The Children’s Advertising Review Unit (CARU), a division of BBB National Programs, recently updated its Self-Regulatory Guidelines for Children’s Advertising. Important updates include:

  • To align with the Children’s Online Privacy Protection Act (COPPA), the Guidelines now apply to national advertising primarily directed to children under the age of 13 instead of under 12, regardless