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March 31st, 2011
Google Agrees to Settle FTC Claim Regarding Deceptive Privacy Practices
Google Inc. has agreed to settle FTC charges that it engaged in deceptive tactics and violated its own privacy pledges to consumers during the 2010 launch of its social network, Google Buzz. The proposed settlement requires that the company introduce a comprehensive privacy program to protect the privacy of consumers’ information—a requirement never before mandated in an FTC settlement order. The proposed settlement also orders independent privacy audits for the next 20 years. This action also marks the first time that the FTC has claimed a violation of the privacy requirements of the U.S.-EU Safe Harbor Framework, a voluntary program that serves as a scheme for U.S. companies to transfer personal data lawfully from the European Union to the United States.
The complaint filed by the FTC alleged that Google violated Section 5(a) of the FTC Act and its own privacy policies, in connection with the launch of its Buzz social network, by using information provided by consumers for the company’s email service, Gmail, without adequately obtaining consumers’ permission. According to the complaint, consumers were not given adequate options for declining or leaving the social network, and, for users who joined Buzz, the controls for limiting the dissemination of users’ personal information were confusing and difficult to locate. The FTC also alleged that Google failed to disclose effectively that users’ frequent email contacts would become public by default.
The proposed settlement order will be subject to public comment for 30 days, until May 1, 2011, at which point the FTC will decide whether to make the order final. Written comments can be sent to: FTC, Office of the Secretary, 600 Pennsylvania Ave., N.W., Washington, DC 20580.
View full case timeline - "In the Matter of Google Inc., a corporation".
If you have any questions about the FTC's announcement, please contact Jeffrey A. Greenbaum at (212) 826-5525 or jgreenbaum@fkks.com, Claudine Wilson at (212) 705-4842 or cwilson@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.
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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
