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Privacy Law Blog

Category Archives: Behavioral Marketing

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Native Advertisers Face Closer Scrutiny From Industry Self-Regulatory Bodies

Posted in Behavioral Marketing, Online Privacy

With paywalls and premium subscriptions finding only modest success, paid advertisements remain the primary means of generating revenue from online content. Native advertising has emerged as a leader in the competition for ad impressions and brand engagement. Expected to grow from $7.9 billion in spending this year to $21 billion by 2018, native advertising is… Continue Reading

Advertising Industry Enforces Enhanced Behavioral Advertising Notice Requirements on Websites

Posted in Behavioral Marketing

On October 28, the Online Interest-Based Advertising Accountability Program (Accountability Program), released five decisions in which the website operators  have agreed to update their respective websites to provide enhanced notice as required under the Self-Regulatory Principles for Online Behavioral Advertising (OBA Principles).  The Accountability Program enforces the OBA Principles on behalf of the Digital Advertising… Continue Reading

BBB Warns Advertisers and Web Publishers to Take Responsibility for Behavioral Advertising Disclosures

Posted in Behavioral Marketing

The Better Business Bureau (“BBB”) and the Direct Marketing Association (“DMA”) are in charge of enforcing the ad industry’s Self Regulatory Principles for Online Behavioral Advertising (“OBA Principles”), which regulate the online behavioral advertising activities of both advertisers and publishers (that is, web sites on which behaviorally-targeted ads are displayed or from which user data… Continue Reading

Honoring Do-Not-Track Browser Signals

Posted in Behavioral Marketing, Mobile Privacy, Online Privacy

We’re all familiar with the ads that pop up on the side of our browsers, personalized to highlight things we might be interested in based on our web browsing activity.  Marketers and advertisers regularly track consumers’ online activities, interests and preferences and use the information they collect to create targeted ads, meant to appeal to… Continue Reading

Six European Data Protection Authorities Will Launch Legal Actions against Google Stemming from its Privacy Policy

Posted in Behavioral Marketing, Data Privacy Laws, European Union, International, Online Privacy, Privacy Litigation

The French, Italian, British, German, Spanish and Dutch Data Protection Authorities announced on April 2, 2013 that each will launch investigations and enforcement actions against Google on the grounds that its privacy policy is not compliant with the European Directive on Data Protection, available at http://eur-lex.europa.eu/en/index.htm, (the “Directive”).

News “Flash” – FTC Settlement Over Use of Flash Cookies Highlights FTC Focus on Consumer Notice and Choice

Posted in Behavioral Marketing

The Federal Trade Commission has announced a settlement agreement with ScanScout, Inc., an online advertising network alleged to have made misleading statements in its privacy policy which omitted to disclose ScanScout’s use of Flash cookies. The settlement terms require ScanScout to implement various conspicuous (i.e., not hidden in the privacy policy) notices regarding behavioral tracking and… Continue Reading

This Advertisement is Brought to You By…You

Posted in Behavioral Marketing

A new advertising icon was released last week by a privacy advocacy group in conjunction with a group of advertisers and agencies as part of an effort to educate consumers about behavioral advertising and head off federal regulation.

FTC Tells Sears That Consumer Disclosures Must be More Conspicuous

Posted in Behavioral Marketing, Data Privacy Laws, FTC Enforcement, Online Privacy, Spyware

Over the course of the last decade, many companies have become accustomed to notifying consumers of their data collection practices in their online privacy policy.  However, in a recent proposed settlement, the FTC indicated that, at least under the facts before them, disclosures that were “buried” in a privacy policy were not sufficient. On June… Continue Reading

FTC Provides Last Clear Chance for Industry to Self-Police in a Target-Rich Environment

Posted in Behavioral Marketing

On February 12, 2009, the FTC issued its long-anticipated Staff Report on Self-Regulatory Principles for Online Behavioral Advertising. The revised Self-Regulatory Principles are the result of a year of study of the more than 60 comments provided by industry, advocacy organizations, academics, and individual consumers in response to the FTC’s proposed self-regulatory principles issued in late 2007.

Consumer Advocacy Groups Request Federal Trade Commission Action To Stop Perceived “Threat” From Mobile Marketing

Posted in Behavioral Marketing

In a year when behavioral advertising was already expected to be at the top of the hot button privacy issues list, on January 13, 2008, the Center for Digital Democracy (“CDT”) and U.S. Public Interest Research Group (“US PIRG”) filed a document with the Federal Trade Commission (“FTC”) urging the FTC to investigate online mobile… Continue Reading

Broadband Providers Commit to Self-Regulatory Affirmative Consumer Consent Before Behavioral Tracking

Posted in Behavioral Marketing, Online Privacy

Behavioral tracking of consumers online in order to deliver relevant advertising is a privacy issue that is receiving a lot of attention, and one that has been the focus of Federal Trade Commission and consumer group scrutiny. On September 25th, the United States Senate Commerce Committee held a hearing on online privacy and received commitments from the three industry representatives (from AT&T, Verizon and Time Warner Cable) that if they do deploy technologies that are able to track consumer online behavior in order to tailor advertising, that consumers will have clear notice and a full opportunity to provide affirmative consent. None of the companies currently use such technologies in their roles as Internet Service Providers. The broadband providers challenged the rest of the online industry, including web site operators and application providers such as Google, to provide the same protections to consumers. Essentially, the witnesses called for an end to “opt out” when it comes to online advertising.