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Advertising & Marketing

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On March 2, 2020, the Information Commissioner’s Office (ICO) issued a lead generator, CRDNN Limited (CRDNN), with a maximum £500,000 fine under the Privacy and Electronic Communications Regulations 2003 (PECR) for making more than 193 million automated nuisance calls.  The full monetary penalty notice can be viewed here. What happened? CRDNN first came to the ICO’s attention due to a significant number of complaints from subscribers regarding large volumes of unsolicited marketing calls marketing a number of…

On January 8, 2020 the ICO published its draft Direct Marketing Code of Practice for public consultation, which is open until 4 March 2020. We are summarized the status of the draft code, the key areas which are new compared to the ICO’s current direct marketing guidance, and the next steps. What is the draft code and its status? The Information Commissioner is required to publish a statutory direct marketing code under the Data Protection…

On January 17, 2020, the ICO published a blog post entitled “Adtech – the reform of real time bidding has started and will continue”, which provides an update on key industry changes in relation to Real Time Bidding and the ICO’s approach going forward to the issues identified in its June 2019 report.   We previously summarized the key points from the June 2019 report here, as well as an update from the ICO on…

The Federal Trade Commission (“FTC”) continues to bring enforcement actions against companies that engage in false advertising and deceptively enrolling consumers in ongoing sales plans without express informed consent – a practice known as “negative option” marketing.On October 24, 2018, the FTC announced that a federal district court in California temporarily enjoined three defendants and the companies they controlled from enrolling consumers in any ongoing sales plan without the consumer’s express informed consent. A negative…