Behind the Scenes

Arent Fox's advertising law blog - latest news and trends in advertising, data security & privacy, and fashion & entertainment.

Behind the Scenes

Mobile Marketing

While marketing in the mobile age is often different than marketing in the past, it does not have to be difficult. With more and more consumers reaching to their phones and tablet computers before reaching for a newspaper, companies must adapt their marketing techniques to the changing times. While consumers can shorten their messages by removing letters and substituting characters, however, many companies often do not have that luxury. Our practice focuses on new and relevant guidelines and regulations in the mobile marketing space. The guidance we provide to clients includes information regarding mobile promotions (contests and sweepstakes), mobile advertisements, content that must be included with commercial text messages, and mobile privacy considerations.

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Online Retailer and Executive Plead Guilty to Price-Fixing Conspiracy Conducted Via Social Media and Text Messaging

An online retailer and its president recently pled guilty to a price-fixing conspiracy for customized promotional products that was implemented through text messaging and social media platforms. The successful prosecutions are the latest in the Department of Justice’s ongoing antitrust investigation into the online promotional products industry.
 

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California Attorney General Crowdsources Privacy Policing to Consumers

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Triple Threat: Chinese Ad Company’s Malware Raises Ad Fraud, Cybersecurity, and Privacy Concerns

What’s New?

Recent reports indicate that advertising fraud is not only increasing but is now being run by groups alongside otherwise legitimate advertising businesses. 
 
Cybersecurity company Check Point recently released a report finding that HummingBad—a known malware that takes over Android devices, generates fraudulent advertising revenue, and installs apps on the infected phones—was developed and is controlled by a group of cybercriminals within Yingmob, an otherwise legitimate advertising analytics business based in Beijing. 
 

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Caution! Children at Play: Mobile Advertiser Settles with FTC Over Geo-Tracking and COPPA Concerns

Mobile advertising company InMobi, whose advertising network reaches more than one billion devices worldwide through thousands of apps, has settled with the Federal Trade Commission over charges that it “deceptively tracked” the locations of hundreds of millions of consumers without their knowledge or consent, in a deal announced June 22.

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National Advertising Initiative Updates Rules for Data Collection on Mobile Apps

The Network Advertising Initiative (NAI), an advertising industry trade group for third-party advertisers, recently released the 2015 update to its Mobile Application Code. The App Code is a set of self-regulatory principles governing the data collection practices of NAI member companies in the context of mobile app advertising. The purpose of the 2015 update is to clarify certain obligations for NAI member companies under the App Code. 
 

The App Code

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Cross-Device Tracking: The New Frontier in Interest-Based Advertising

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September 1st Looms as Key Enforcement Deadline for Mobile Advertisers

What’s the News?
Beginning September 1, 2015, many companies that engage in mobile advertising will be subject to a new level of scrutiny by industry watch dogs. On that date, the Digital Advertising Alliance (DAA), an industry self-regulatory organization, will begin to actively enforce its guidelines for online behavioral advertising (also known as “interest-based advertising”).
 
Who Does this Apply To?

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Dating App Stops Attempt at Native Advertising

What’s the News?

Tinder, a mobile dating application, recently removed an advertising campaign being conducted on the app by Gap, Inc. (Gap). Tinder claimed that the advertisements violated its terms of service, which provide that the app is for “personal use only.” This should serve as a reminder to businesses to read and ensure compliance with the relevant terms of service before engaging in advertising on social media platforms.

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EU Says ‘Freemiums’ Can No Longer be Called ‘Free’

What’s the News?

Apple Inc. and other leading technology companies have reached an agreement with the European Union (EU) regarding their use of the word “free” in relation to mobile applications. The EU alleged that the companies were labeling apps as “free” in contexts that were likely to mislead consumers. By entering into the agreement, the companies each avoided the possibility of $5.65 million in fines.

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The FTC Releases Report on the Internet of Things

The Federal Trade Commission (FTC) released a report this week examining the privacy and security implications of the so-called “Internet of Things.” The Internet of Things (IoT) refers to the ability of everyday objects to connect to the Internet and to send and receive data. As the number of connected devices has surged in recent years, the FTC has signaled a strong interest in the IoT and repeatedly warned businesses to be mindful of consumer privacy and security when developing new products.

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ABOUT ARENT FOX LLP

Arent Fox LLP, founded in 1942, is internationally recognized in core practice areas where business and government intersect. With more than 350 lawyers, the firm provides strategic legal counsel and multidisciplinary solutions to clients that range from Fortune 500 corporations to trade associations. The firm has offices in Los Angeles, New York, San Francisco, and Washington, DC.