Advertising Law News & Analysis - August 6, 2015

3 min


EMV Will Complicate eTail Chargeback Management

What would happen to your business if credit card chargebacks increased by 40%, practically overnight? Venable partner Ellen T. Berge discusses that possibility in a recent post to the firm's advertising law blog. Some payments industry experts believe card-not-present (CNP) merchants could experience such a jump in October 2015, when U.S. retailers shift to EMV chip technology and shut fraudsters out of card-present retail.

Read the blog post to learn what CNP merchants can do to prepare for the EMV changeover.

Don't Believe Age-Gating Ain't Nothing But a Number

Kids will be kids, write Venable partners Amy Ralph Mudge and Randal M. Shaheen in a recent post to the firm's advertising law blog. So when "age-gating" a website to ensure it is compliant with the Children's Online Privacy Protection Act (COPPA), marketers and web designers must make reasonable efforts to thwart children's efforts to evade age-gating. The authors write that recent Children's Advertising Review Unit (CARU) cases involving the Harlem Globetrotters and provide good examples of the measures marketers should take to ensure COPPA compliance.

Read the full text of the blog post here to learn more about age-gating best practices.

Read more about the Harlem Globetrotters and CARU decisions.

CFPB Takes Citi to Task for Marketing of Credit Add-ons

Recently, the Consumer Financial Protection Bureau (CFPB) ordered Citibank to provide a total of $700 million in consumer redress to almost 9 million account holders, write Venable attorneys Allyson B. BakerLaura Arredondo-Santisteban, Samuel D. Boro, and Peter S. Frechette in a recent CFPB Task Force Alert. This is just the latest in a number of enforcement actions against credit card companies for deceptive marketing, billing, and administration of debt protection and credit monitoring add-on products.

Read the client alert to learn more about what types of consumer finance practices are in the CFPB's crosshairs.

Read the CFPB's Announcement of the Citibank enforcement action.

FTC's Data Security Practices Report Draws Lessons from Enforcement Actions

On June 30, the Federal Trade Commission (FTC) released a report titled "Start with Security: A Guide for Business." The report, write the members of Venable's Privacy and Data Security practice group in the July edition of The Download, summarizes certain security practices that the FTC has identified in its more than 50 enforcement actions pertaining to data security, and encourages businesses to adopt appropriate security practices listed in the report.

Read the July edition of The Download to learn what specific practices the report identified.

Read the full text of the FTC's report here.

Upcoming Events:

Legal Issues of Running Social Media and Mobile Sweepstakes and Contests – a Lorman Webinar

August 19

Join the upcoming webinar to stay up to date on the ever-evolving laws and regulations governing prize promotions. Venable attorney Melissa Landau Steinman will discuss the legal issues of running various social media channels, mobile sweepstakes, contests, and promotions.

Click here to learn more about the Lorman webinar and to register to attend.

LeadsCon New York

August 25-26 | New York, NY

LeadsCon New York 2015 brings leaders and innovators from must-know companies for two days of actionable content and high-level networking. Venable’s Jonathan L. Pompan will be speaking on "Navigating a Path to Self-Regulation: Strategies to Bring to Lead Generation."

Click here to learn more about LeadsCon and to register to attend.