Alan M. Pate

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Industry Regulatory Organization to Outbrain and Gravity: Interest-Based Native Advertising Must Comply With Self-Regulatory Principles

By Alan M. Pate on Posted in Behavioral Advertising
In two decisions issued last week, major native advertising players Gravity and Outbrain were found to have failed to comply with the online advertising industry’s self-regulatory principles for interest-based ads. The decisions, issued by the Better Business Bureau’s Online Interest-Based Advertising Accountability Program (OIBAAP), are the first to address whether native advertising targeted toward consumers’ … Continue Reading

DAA Begins Enforcing Its Guidelines for Mobile Advertising This Month: What You Should Know in Order to Prepare

By Alan M. Pate on Posted in Behavioral Advertising
Effective September 1, 2015, the Digital Advertising Alliance (DAA) is now enforcing its Self-Regulatory Principles for Online Behavioral Advertising and Multi-Site Data (collectively, the “Principles”) in the mobile ecosystem. The DAA, a cross-industry, self-regulatory group of advertising and media companies, has until now focused its enforcement of the Principles exclusively on the desktop browser environment. … Continue Reading

All Native Advertising is Not Equal: Why that Matters Under the First Amendment and Why it Should Matter to the FTC – Part V

Photo of Fernando A. Bohorquez, Jr.By Fernando A. Bohorquez, Jr. and Alan M. Pate on Posted in Behavioral Advertising
In this five part series, originally published in the Summer 2014 edition of the Media Law Resource Center Bulletin,[1] we take an in-depth look at the native advertising phenomenon and the legal issues surrounding the practice.  After canvassing the many faces of native advertising and the applicable law, the series ultimately examines the pervasive assumption … Continue Reading

All Native Advertising is Not Equal: Why that Matters Under the First Amendment and Why it Should Matter to the FTC – Part IV

Photo of Fernando A. Bohorquez, Jr.By Fernando A. Bohorquez, Jr. and Alan M. Pate on Posted in Behavioral Advertising
In this five part series, originally published in the Summer 2014 edition of the Media Law Resource Center Bulletin,[1] we take an in-depth look at the native advertising phenomenon and the legal issues surrounding the practice.  After canvassing the many faces of native advertising and the applicable law, the series ultimately examines the pervasive assumption … Continue Reading

All Native Advertising is Not Equal: Why that Matters Under the First Amendment and Why it Should Matter to the FTC – Part III

Photo of Fernando A. Bohorquez, Jr.By Fernando A. Bohorquez, Jr. and Alan M. Pate on Posted in Behavioral Advertising
In this five part series, originally published in the Summer 2014 edition of the Media Law Resource Center Bulletin,[1] we take an in-depth look at the native advertising phenomenon and the legal issues surrounding the practice.  After canvassing the many faces of native advertising and the applicable law, the series ultimately examines the pervasive assumption … Continue Reading

All Native Advertising is Not Equal: Why that Matters Under the First Amendment and Why it Should Matter to the FTC – Part II

Photo of Fernando A. Bohorquez, Jr.By Fernando A. Bohorquez, Jr. and Alan M. Pate on Posted in Behavioral Advertising
Editor’s Note: This blog post was originally published on September 8, 2014, courtesy of iMedia Connection’s Blog. It is repurposed with permission. In this five part series, originally published in the Summer 2014 edition of the Media Law Resource Center Bulletin,[1] we take an in-depth look at the native advertising phenomenon and the legal issues surrounding the … Continue Reading

All Native Advertising is Not Equal: Why that Matters Under the First Amendment and Why it Should Matter to the FTC – Part I

Photo of Fernando A. Bohorquez, Jr.By Fernando A. Bohorquez, Jr. and Alan M. Pate on Posted in Behavioral Advertising
Editor’s Note: This blog post was originally published on September 2, 2014, courtesy of iMedia Connection’s Blog. It is repurposed with permission. In this five part series, originally published in the Summer 2014 edition of the Media Law Resource Center Bulletin,[1] we take an in-depth look at the native advertising phenomenon and the legal issues surrounding the … Continue Reading

FTC Says That Sponsors of Pinterest Contests Should Require Users to Post Pins with Hashtags Warning When Pins are Posted for a Prize

Photo of Gerald J. FergusonBy Gerald J. Ferguson and Alan M. Pate on Posted in Marketing, Social Media
In a March 20, 2014 closing letter sent to fashion company Cole Haan, the FTC warned that use of the hashtag #WanderingSole in conjunction with a recent Pinterest contest did not adequately communicate the “material connection” between Pinterest contestants and Cole Haan and violates Section 5 of the FTC Act. Although the FTC declined to … Continue Reading

iBeacons Usher in New Era of Mobile Advertising in 2014, Raise Old Privacy Concerns

Photo of Fernando A. Bohorquez, Jr.By Fernando A. Bohorquez, Jr. and Alan M. Pate on Posted in Behavioral Advertising, Marketing, Mobile Privacy, Online Privacy
Editor’s Note: This blog post was originally published on February 6, 2014 courtesy of iMedia Connection’s Blog. It is repurposed with permission. Remember that scene from Minority Report? The one where John Anderton (Tom Cruise) takes a trip to GAP, virtual billboards call out his name and bombard him with offers as he walks through … Continue Reading
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