John Feldman and Jason Gordon published an article in Law360 this week titled, “Compliance Challenges In Cos.’ COVID-19 Charity Marketing.” A copy of the article is available here. You may also view a PDF copy of the article here.
On the heels of our report that the Federal Communications Commission ("FCC") is putting the obligations on entities that use auto-dialers — “Robocalls” — to public safety phone lines on its agenda for the year (see our 10/17/12 blog: “New Do-Not-Call Public Safety Registry Creates Additional Obligations for Auto-Dial Operators” by Judith L.
No, school bus drivers were not playing Pink Floyd’s classic Another Brick in the Wall (We Don’t Need No Education) just in time for the first day of school. Yesterday, the Federal Communications Commission (FCC) released a Report to Congress evaluating the commercial proposals for distributing radio and television programs aboard school buses. The FCC…
Reprinted with permission from Mobile Marketer at http://www.mobilemarketer.com.
Earlier last month the leading media, advertising and marketing trade associations, including the American Association of Advertising Agencies, Association of National Advertisers, Interactive Advertising Bureau, Direct Marketing Association and the Better Business Bureau, representing an overwhelming majority of industry participants, released their Self-Regulatory Principles for Online Behavioral Advertising (the “principles”), with the objective of protecting consumer privacy in ad-supported interactive media.
These generally follow the advisory principles that were released in February 2009 by the Federal Trade Commission. In fact, upon the FTC’s release, then-commissioner Jon Leibowitz remarked that anything industry can do to adopt, promulgate and enforce the principles represents “the last clear chance to show that self-regulation can – and will – effectively protect consumers’ privacy in a dynamic online marketplace.”
The principles were aimed at the following categories: education, transparency, consumer control, data security, material changes, sensitive data and accountability. Each principle is well thought out and tailored to specific areas within the universe of online behavioral advertising.
These principles can be summarized, in part, as follows:
- Educate consumers and businesses about online behavior advertising.
- Disclose and inform consumers about data collection and use practices, including various forms of notice that may be required depending on the nature of the data collected and the party collecting it.
- Give consumers options regarding the collection, use and sharing of information to non-affiliates.
- Require service providers and carrier networks – for example, non-first or third parties – to obtain consent before a user’s data may be used for behavioral advertising.
Thereafter, the data may only be obtained for as long as necessary to fulfill a legitimate business need, or as required by law.
- Special treatment afforded to sensitive information, such as medical and financial information, as well as information from users under the age of 13.
Moreover, service providers engaged in online behavioral advertising should undertake steps to help preserve the de-identified status of data collected and used if and when that data is shared with non-affiliates.
- Entities should maintain appropriate physical, electronic and administrative safeguards to protect the data collected and used for online behavioral advertising purposes.
- A user’s consent must be obtained before either a Web site or some other third party uses the previously collected data for materially different behavioral advertising purposes. Typically, a material change would be a more expansive collection or use of data than previously disclosed to the user.
- Establish accountability processes that should consist of monitoring programs, complaint procedures, reporting and compliance requirements, enforcement and public disclosures of offenders.
Does any of this sound familiar?
As early as 2007, many leading agencies, aggregators and publishers throughout the mobile marketing industry have stood behind most of these same principles and incorporated them into various codes of conduct and best practices.…
FCC Comments Raise Issues Regarding Content-Rated Ads and Product-Placement Blocking that Underscores the Need for Further Parental Controls Discussions
Television parental content controls are still under review by the Federal Communications Commission (“FCC”), and children’s activist groups are urging the FCC to mandate technology that would allow viewers to block “objectionable” advertising material.
Has it ever occurred to you why you get so many calls at home from people trying to sell you stuff (or from creditors) but very few, if any, on your mobile phone? This is rooted in a Federal Communications Commission (FCC) rule that prohibits telephone calls (other than calls made for emergency purposes or made…
Yesterday, the Federal Communications Commission solicited comments regarding a petition for declaratory ruling under the Telephone Consumer Protection Act (TCPA). Specifically, the Commission seeks clarification on whether a creditor may place autodialed or prerecorded message calls to a telephone number associated with wireless service that was provided to the creditor initially as a telephone number associated…
On March 3, 2009, the Federal Communications Commission (“FCC”) released a Notice of Inquiry to implement the Child Safe Viewing Act of 2007 (“CSVA”), which directs the FCC to examine advanced parental control technologies that would be compatible with various communications devices and platforms.
Click here to read the full alert, written by Amy…
A Federal Communications Commission official is pushing a proposal to ban interactive ads targeting children. FCC Commissioner Jonathan S. Adelstein’s call for regulation came amid the latest in a series of public meetings to address childhood obesity and its alleged link to food advertising.
“With the growing convergence of TV and the Internet, we need…
Just before the market melt-down captured the attention of Congress, a subcommittee of the Senate Appropriations Committee held the latest in what has become a series of hearings on the state of food marketing to children and its links to the obesity epidemic.
In testimony that reads much like students reporting on the progress of…