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November 14th, 2011
Accountability Program Announces Initial Compliance Agreements
The Council of Better Business Bureaus (CBBB) has announced the first six compliance agreements with online behavioral marketers under the self-regulatory regime of its "Online Interest-Based Advertising Accountability Program" (Program).
Beginning in August, the Program began testing the functionality, usability, and duration of consumer-choice mechanisms offered by a number of companies. As a result of that testing, self-regulatory inquiries were opened with Forbes Media Extension (FMX), Martini Media, PredictAd, QuinStreet, Reedge and Veruta. The cases primarily concerned the duration of end users'' opt-out options. For example, FMX’s opt-out cookie was set to expire in less than six months from the date of the request, rather than the industry standard five-year time frame. Other cases involved the accessibility of the opt-out mechanism. QuinStreet’s and Veruta’s (MyBuys) opt-out mechanisms, for example, were inaccessible due to either a missing or broken link.
According to the CBBB, all six companies have voluntarily modified their policies to comply with the "Self Regulatory Principles for Online Behavioral Advertising". For details regarding the decisions, view the National Advertising Review Council’s press release. Genie Barton, CBBB Vice President and Director of the Program noted, “Where companies do not self-monitor and promptly correct problems, they can expect the Accountability Program to take action.”
For more information on this program, or any other advertising-related issues, please contact Terri Seligman at (212) 826 5580 or tseligman@fkks.com, or any other member of the Frankfurt Kurnit Advertising Group.
Disclaimer. This alert provides general coverage of its subject area. We provide it with the understanding that Frankfurt Kurnit Klein & Selz is not engaged herein in rendering legal advice, and shall not be liable for any damages resulting from any error, inaccuracy, or omission. Our attorneys practice law only in jurisdictions in which they are properly authorized to do so. We do not seek to represent clients in other jurisdictions.
Other Advertising Law Alerts
What the Advertising Industry Can Learn from Kim Kardashian’s Settlement with the SEC
On October 3, 2022, the Securities and Exchange Commission (SEC) announced that it entered into a $1.26 million settlement with Kim Kardashian over her social media promotion of the EMAX token without disclosing payment she received from token issuer, EthereumMax. The matter provides important lessons for advertisers. Read more.
October 10 2022
Get Ready for California’s New “Automatic Renewal” Rules
California recently amended its Automatic Purchase Renewals law. The amended statute - effective July 1st -- require marketers to provide consumers of automatic renewal or continuous service offers with more information and easier ways to terminate. Read more.
June 22 2018
“Made in the U.S.A.” Claims Continue to be Scrutinized
In 2016, California amended Section 17533.7 of the California Business and Professions Code ("Section 17533"), liberalizing the standard for selling products labeled "Made in U.S.A" to California consumers. Read more.
June 4 2018
