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ARTICLE · 07 APRIL 2022

Recent CARU Cases Emphasize Disclosure Obligations

Frankfurt Kurnit Klein & Selz PC
Frankfurt Kurnit Klein & Selz PC
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Frankfurt Kurnit Klein & Selz PC

Frankfurt Kurnit Klein & Selz PC

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In three recent decisions, the Children's Advertising Review Unit emphasized the importance of adequate disclosure when advertising to (or collecting information from) children

United StatesMedia, Telecoms, IT, Entertainment

In three recent decisions, the Children's Advertising Review Unit emphasized the importance of adequate disclosure when advertising to (or collecting information from) children. These recent cases deal with COPPA violations, misleading product claims, and safety disclaimers -- and also purple poop.

TickTalk Tech, LLC was found to be in violation of the Children's Online Privacy Protection Act (COPPA). The company makes a smart watch phone and app that allow parents to monitor and communicate with their kids. While it is clear that the product's features involve the collection of personal information from children (since the product allows parents to track their kids and allows kids to share photos and texts), the product's website failed to clearly and conspicuously describe what personal information was being collected from children and how that information was being used and shared. The fact that the website's privacy policy and terms of service included

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This post first appeared in Frankfurt Kurnit's Focus on the Data blog (www.focusonthedata.com). It 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.

Originally published by the New York Legal Ethics Reporter

www.fkks.com

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.

www.fkks.com

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.

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