OpenX Technologies recently agreed to pay $2 million to settle FTC
allegations that the advertising platform violated the FTC Act and
the Children's Online Privacy Protection Act. OpenX runs a
programmatic ad exchange, running a bidding platform that auctions
online ad space. The company contracts with publishers who have
open ad space as well as ad networks with inventories of ads they
are seeking to publish online.
According to the FTC, while OpenX indicated in its privacy
policy that users could opt out of having location information
collected or used by “using the location service controls
in your mobile device's setting” in fact, it
continued to collect and use location information from those who
had followed the opt-out process. The FTC argued this was deceptive
in violation of Section 5 of the FTC Act.