Accountability Program Decisions Throw Spotlight on Website Operators’ Compliance
BMW and Scottrade Implement DAA’s Transparency and Choice Requirements on their Websites
Arlington, VA – Nov. 18, 2013 – Continuing its recent focus on website operators’ obligations under the Self-Regulatory Principles for Online Behavioral Advertising (OBA Principles), today the Online Interest-Based Advertising Accountability Program (Accountability Program) released the results of formal inquiries into the practices of Scottrade, Inc. (Scottrade) and BMW of North America, LLC (BMW). The Accountability Program found that while the companies were already complying with the in-ad notice requirements of the OBA Principles, they were not yet fulfilling the OBA Principles’ requirements for Transparency and Consumer Control on their websites. The companies agreed to implement the Accountability Program’s recommendations and have updated their websites.
“Today’s Decisions once again emphasize the importance of providing consumers with Transparency and Consumer Control, the cornerstones of the OBA Principles, on the websites they visit,” said Genie Barton, Council of Better Business Bureaus VP and Director of the Accountability Program. “The OBA Principles are designed to ensure that a consumer has notice about a company’s data collection and use practices and the ability to exercise informed and readily available choice about whether they wish to participate in interest-based advertising.”
Those companies that are fully compliant with all the Transparency and Consumer Control requirements of the OBA Principles except the enhanced notice link for third-party collection of information for OBA purposes have until January 1, 2014 to meet that requirement. Companies that are out of compliance with other website requirements or with in-ad notice and choice run the risk of facing an Accountability Program enforcement action at any time.
Finally, the Accountability Program today released an administrative disposition resolving a similar inquiry regarding Volkswagen of America, Inc. (VW). In response to the Accountability Program’s letter of inquiry, VW explained that it had been working with counsel to update its privacy policies and was in the process of implementing counsel’s recommendations on its website. Because VW was already voluntarily and proactively coming into compliance with the OBA Principles on its website when the Accountability Program began its inquiry, the Accountability Program closed that case via an administrative disposition rather than a decision.
National Advertising Division Recommends Royal Oak Modify or Discontinue Certain Claims for its Super Size Briquets
New York, NY – November 30, 2023 – In a challenge brought by Kingsford Products Company, the National Advertising Division (NAD) recommended that Royal Oak modify or discontinue certain comparative claims for its Super Size Briquets.
National Advertising Division Finds Certain Xfinity Home Internet Claims Supported; Recommends Comcast Modify or Discontinue Others
New York, NY – November 30, 2023 – The National Advertising Division (NAD) determined that Comcast provided a reasonable basis for its Xfinity home internet claim but recommended that Comcast modify or discontinue certain other claims about Verizon’s 5G Home Internet.
National Advertising Division Recommends Cariuma Disclose Material Connection Between Cariuma Sneakers and Publisher of Social Media Posts
New York, NY – November 29, 2023 – The National Advertising Division (NAD) inquired about social media posts for Cariuma sneakers, and recommended that Cariuma clearly and conspicuously disclose its material connection to the endorser and publisher of the posts.
National Advertising Division Recommends Charter Modify or Discontinue Certain Comparative Claims for Spectrum Home Internet Service
New York, NY – November 28, 2023 – In a challenge brought by T-Mobile, the National Advertising Division (NAD) recommended that Charter modify or discontinue certain Spectrum home internet service claims including those that distinguish Spectrum from T-Mobile’s wireless home internet services.