The FTC approved a final settlement with a digital ad company, Turn, Inc. The FTC alleged that the company continued to track consumers after they had opted out of such tracking. The company, Turn, builds profiles for digital marketing through its mobile and app-based data management and analytics services.
According to the FTC, this “conveyed to consumers” that the process would block tracking. However, while tracking through cookies did stop and tracking thus stopped on mobile browsers, Turn continued to track users through different technology, and thus continued its targeted advertising on mobile apps.
In the settlement, which was recently finalized, Turn agreed to fix its opt-out process, and not to otherwise misrepresent how it collects, uses, discloses, retains, or shares consumer information, nor misrepresent the extent to which consumers can limit, control, or prevent those data practices.
TIP: This case is a reminder for companies to look closely at opt-out mechanisms and ensure that they work as represented—both expressly and implicitly—to consumers.