The Children's Online Privacy Protection Act of 1998 (COPPA) is a United States federal law, located at 15 U.S.C. §§ 6501–6506.
Telemarketing is a method of direct marketing in which a salesperson solicits prospective customers to buy products or services, either over the phone or through a subsequent face to face or web conferencing appointment scheduled during the call. Telemarketing can also include recorded sales pitches programmed to be played over the phone via automatic dialing.
The Federal Trade Commission (FTC) is an independent agency of the United States government whose principal mission is the enforcement of civil (non-criminal) U.S. antitrust law and the promotion of consumer protection. The FTC shares jurisdiction over federal civil antitrust enforcement in the United States with the Antitrust Division of the U.S. Department of Justice. It is headquartered in the Federal Trade Commission Building in Washington, DC.
The National Do Not Call Registry is a database maintained by the United States federal government, listing the telephone numbers of individuals and families who have requested that telemarketers not contact them. Certain callers are required by federal law to respect this request. Separate laws and regulations apply to robocalls in the United States.
Mobile phone spam is a form of spam, directed at the text messaging or other communications services of mobile phones or smartphones. As the popularity of mobile phones surged in the early 2000s, frequent users of text messaging began to see an increase in the number of unsolicited commercial advertisements being sent to their telephones through text messaging. This can be particularly annoying for the recipient because, unlike in email, some recipients may be charged a fee for every message received, including spam. Mobile phone spam is generally less pervasive than email spam, where in 2010 around 90% of email is spam. The amount of mobile spam varies widely from region to region. In North America, mobile spam has steadily increased from 2008 ed 2012 and is projected to account for half of all mobile phone traffic in 2019. In parts of Asia up to 30% of messages were spam in 2012.
The Fair Credit Reporting Act (FCRA), 15 U.S.C. § 1681, is U.S. Federal Government legislation enacted to promote the accuracy, fairness, and privacy of consumer information contained in the files of consumer reporting agencies. It was intended to protect consumers from the willful and/or negligent inclusion of inaccurate information in their credit reports. To that end, the FCRA regulates the collection, dissemination, and use of consumer information, including consumer credit information. Together with the Fair Debt Collection Practices Act (FDCPA), the FCRA forms the foundation of consumer rights law in the United States. It was originally passed in 1970, and is enforced by the US Federal Trade Commission, the Consumer Financial Protection Bureau and private litigants.
Scareware is a form of malware which uses social engineering to cause shock, anxiety, or the perception of a threat in order to manipulate users into buying unwanted software. Scareware is part of a class of malicious software that includes rogue security software, ransomware and other scam software that tricks users into believing their computer is infected with a virus, then suggests that they download and pay for reakantivirus software to remove it. Usually the virus isn't real and the software is non-functional or malware itself. According to the Anti-Phishing Working Group, the number of scareware packages in circulation rose from 2,850 to 9,287 in the second half of 2008. In the first half of 2009, the APWG identified a 585% increase in scareware programs.
Mobile marketing is a multi-channel online marketing technique focused at reaching a specific audience on their smartphones, feature phones, tablets, or any other related devices through websites, E-mail, SMS and MMS, social media, or mobile applications. Mobile marketing can provide customers with time and location sensitive, personalized information that promotes goods, services, appointment reminders and ideas. In a more theoretical manner, academic Andreas Kaplan defines mobile marketing as "any marketing activity conducted through a ubiquitous network to which consumers are constantly connected using a personal mobile device".
A robocall is a phone call that uses a computerized autodialer to deliver a pre-recorded message, as if from a robot. Robocalls are often associated with political and telemarketing phone campaigns, but can also be used for public-service or emergency announcements. Some robocalls use personalized audio messages to simulate an actual personal phone call. In 2019, the United States Congress passed legislation expanding the regulation of robocalls.
Jonathan David Leibowitz is an American lawyer who served as the Chairman of the Federal Trade Commission (FTC). As FTC Chair, Leibowitz brought a number of high-profile privacy cases against Google, Facebook and other high profile technology companies for violating consumer privacy as well as major antitrust cases against multiple pharmaceutical companies for engaging in sweetheart "pay-for-delay" deals in which brand pharma companies paid generic competitors to stay out of the market. He is a former partner at the law firm of Davis Polk.
Tagged is a social discovery website based in San Francisco, California, founded in 2004. It allows members to browse the profiles of any other members, and share tags and virtual gifts. Tagged claims it has 300 million members as of 2014. As of September 2011, Quantcast estimates Tagged monthly unique users at 5.9 million in the United States, and 18.6 million globally. Michael Arrington wrote in April 2011 that Tagged is most notable for the ability to grow profitably during the era of Facebook.
Whitepages is a provider of online directory services, fraud screening, background checks and identity verification for consumers and businesses. It has the largest database available of contact information on US residents.
Google Buzz was a social networking, microblogging and messaging tool that was developed by Google which replaced Google Wave and integrated into their web-based email program, Gmail. Users could share links, photos, videos, status messages and comments organized in "conversations" and visible in the user's inbox.
In the middle of 2009 the Federal Trade Commission filed a complaint against Sears Holdings Management Corporation (SHMC) for unfair or deceptive acts or practices affecting commerce. SHMC operates the sears.com and kmart.com retail websites for Sears Holdings Corporation. As part of a marketing effort, some users of sears.com and kmart.com were invited to download an application developed for SHMC that ran in the background on users' computers collecting information on nearly all internet activity. The tracking aspects of the program were only disclosed in legalese in the middle of the End User License Agreement. The FTC found this was insufficient disclosure given consumers expectations and the detailed information being collected. On September 9, 2009 the FTC approved a consent decree with SHMC requiring full disclosure of its activities and destruction of previously obtained information.
In re Gateway Learning Corp, 138 F.T.C. 443 File No. 042-3047, was an investigatory action by the Federal Trade Commission (FTC) of the Gateway Learning Corporation, distributor of Hooked on Phonics. In its complaint, the FTC alleged that Gateway had committed both unfair and deceptive trade practices by violating the terms of its own privacy policy and making retroactive changes to its privacy policy without notifying its customers. Gateway reached a settlement with the FTC, entering into a consent decree in July 2004, before formal charges were filed.
BLU Products is an American company, headquartered in Miami. BLU rebrands low-cost mobile phones manufactured by ODMs such as QiKU, Gionee, Doogee and Tinno Mobile.
United States v. Google Inc., No. 3:12-cv-04177, is a case in which the United States District Court for the Northern District of California approved a stipulated order for a permanent injunction and a $22.5 million civil penalty judgment, the largest civil penalty the Federal Trade Commission (FTC) has ever won in history. The FTC and Google Inc. consented to the entry of the stipulated order to resolve the dispute which arose from Google's violation of its privacy policy. In this case, the FTC found Google liable for misrepresenting "privacy assurances to users of Apple's Safari Internet browser". It was reached after the FTC considered that through the placement of advertising tracking cookies in the Safari web browser, and while serving targeted advertisements, Google violated the 2011 FTC's administrative order issued in FTC v. Google Inc.
In the Matter of TRENDnet, Inc., F.T.C. File No. 122-3090, is the first legal action taken by the Federal Trade Commission (FTC) against "the marketer of an everyday product with interconnectivity to the Internet and other mobile devices – commonly referred to as the Internet of things." The FTC found that TRENDnet had violated Section 5(a) of the Federal Trade Commission Act by falsely advertising that IP Cameras it sold could transmit video on the internet securely. On January 16, 2014 the FTC issued a Decision and Order obliging TRENDnet, among other things, to cease misrepresenting the extent to which its products protect the security of live feeds captured and the personal information that is accessible through those devices.
Venmo is a mobile payment service owned by PayPal. Venmo account holders can transfer funds to others via a mobile phone app; both the sender and receiver have to live in the U.S. It handled $159 billion in transactions in the first quarter of 2018. Venmo was launched in 2009 targeting friends splitting bills, e.g. for movies, dinner, rent, tickets, etc.
NOYB – European Center for Digital Rights is a non-profit organization based in Vienna, Austria established in 2017 with a pan-European focus. Co-founded by Austrian lawyer and privacy activist Max Schrems, NOYB aims to launch strategic court cases and media initiatives in support of the General Data Protection Regulation (GDPR), the proposed ePrivacy Regulation, and information privacy in general. It was funded after a funding period during which it has raised €250,000 in annual donations by supporting members. Currently NOYB is financed by more than 3,500 supporting members.
