Email marketers will want to take note of a recent Washington State Supreme Court opinion interpreting what constitutes a subject line that is “false or misleading” under Washington’s Commercial Electronic Mail Act (CEMA)....more
4/23/2025
/ Advertising ,
Class Action ,
Consumer Protection Laws ,
Corporate Counsel ,
Electronic Communications ,
Email ,
False Advertising ,
Marketing ,
Puffery ,
Retailers ,
Statutory Interpretation ,
WA Supreme Court
We were all set to release our blog announcing the long-awaited Federal Communications Commission’s (FCC) One-to-One Consent Rule (Rule), which was issued in December 2023 and set to take effect on Jan. 27. But alas, both the...more
The Association of National Advertisers (ANA) held its annual Masters of Advertising Law Conference November 11-13 in sunny Scottsdale, Arizona, and wow, children’s advertising and privacy was a hot-button topic at the...more
11/20/2024
/ Advertising ,
Artificial Intelligence ,
CARU ,
COPPA ,
Data Collection ,
Data Privacy ,
Duty of Care ,
Federal Trade Commission (FTC) ,
Gaming ,
Influencers ,
Marketing ,
Metaverse ,
Minors ,
Online Gaming ,
Pending Legislation ,
Personal Data ,
Privacy Laws ,
Professional Conferences ,
State Privacy Laws ,
Website Design ,
Websites
The Federal Trade Commission (FTC or Commission) recently announced that it will hold a virtual workshop to examine the use of design features that aim to monopolize kids’ time online, a concept that has been branded the...more
On today’s episode of Ad Nauseam Amy and Daniel have a special guest – Allyson Himelfarb – who is joining their discussion of CAN-SPAM and FTC enforcement of email marketing rules....more
As we wrote about last week, the Federal Trade Commission (FTC) recently announced that it had entered a proposed settlement with video equipment surveillance company Verkada over the company’s alleged security failures....more
9/13/2024
/ Cameras ,
Consent Order ,
Data Security ,
Email ,
Email Campaigns ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
Hackers ,
Marketing ,
Security Cameras ,
Settlement ,
Surveillance ,
Video Recordings
On July 10, the Federal Trade Commission (FTC) announced the results of two global internet sweeps that examined the prevalence of certain deceptive design practices, or “dark patterns,” within a variety of websites and...more
As we previously reported, the Federal Trade Commission (FTC) recently announced its final changes to the Health Breach Notification Rule (HBNR), vastly expanding the scope of the Rule’s coverage....more
6/20/2024
/ Covered Entities ,
Federal Trade Commission (FTC) ,
Health Care Providers ,
Health Insurance Portability and Accountability Act (HIPAA) ,
HIPAA Privacy Rule ,
Mobile Apps ,
Mobile Health Apps ,
Patient Privacy Rights ,
PHI ,
Popular ,
Social Security Act
A recently announced settlement with online alcohol addiction treatment service Monument Inc. demonstrates the Federal Trade Commission’s (FTC) continued focus on the use and disclosure of health data. The proposed settlement...more
5/23/2024
/ Advertising ,
Audits ,
Compliance ,
Cybersecurity ,
Digital Health ,
Enforcement Actions ,
Enforcement Priorities ,
Federal Trade Commission (FTC) ,
FTC Act ,
Health Care Providers ,
Health Insurance Portability and Accountability Act (HIPAA) ,
HIPAA Breach Notification Rule ,
PHI ,
Popular ,
Prior Express Consent ,
Statutory Violations ,
Terms of Service ,
Third-Party ,
Third-Party Service Provider
On April 26, the Federal Trade Commission (FTC) announced its final rule (Final Rule) making changes to the Health Breach Notification Rule (HBNR)....more
The other week, the Federal Trade Commission (FTC) issued a Report to Congress under the FTC Collaboration Act that requires the FTC to conduct a study on its efforts with state attorneys general to combat fraud across the...more