In its Memorandum Opinion and Order dated November 9, 2012, the US District Court for the Northern District of Alabama in Pinkard v. Wal-Mart Stores, Inc. held that under the Telephone Consumer Protection Act (TCPA), when an individual discloses his or her cellular phone number to a business, that individual is deemed to have expressly consented… Continue Reading
Tag Archives: mobile marketing
FTC Releases General Guidelines for Mobile Application Developers
Posted in Mobile PrivacyThe FTC published on September 5, 2012 guidelines for mobile application developers to assist them observe truth-in-advertising and basic privacy principles when marketing their applications.
Mobile Marketing Association Releases Final Version of Mobile Application Privacy Policy Framework
Posted in Online PrivacyThe Mobile Marketing Association recently unveiled the final version of the Mobile Application Privacy Policy Framework to assist application developers in drafting their mobile application privacy policies.
Consumer Advocacy Groups Request Federal Trade Commission Action To Stop Perceived “Threat” From Mobile Marketing
Posted in Behavioral MarketingIn 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
One Reputable Retailer Takes a $7M Hit On Text Messages
Posted in Direct MarketingOn September 10, 2008, Timberland Company, an outdoor clothing and shoe merchant, along with co-defendant ad agencies GSI Commerce Inc. (“GSI”) and AirIt2Me Inc. (“AirIt2Me”), settled charges brought under the Telephone Consumer Protection Act (“TCPA”) arising from unsolicited text messages advertising Timberland’s holiday sale. Pursuant to the settlement, Timberland must employ best practices in future… Continue Reading
Emerging Standards For Mobile Marketing
Posted in Direct MarketingMany B2C companies are beginning to explore marketing to consumers’ wireless devices using text messaging (“SMS,” or “short message service”) and MMS messaging (“Multi-media Messaging Service”). They may even target their promotions based on where the recipient is physically located using the wireless device’s GPS technology. They also may target their promotions to teens and tweens. What legal issues should… Continue Reading