There has been a significant effort to protect children, who comprise one of the most vulnerable demographics when it comes to advertising. California signed into law the California Age-Appropriate Design Code Act (ADCA) on Sept. 15, 2022, and it will become effective on July 1, 2024. The ADCA imposes new requirements and prohibitions on online businesses with the goal of protecting children’s privacy and online safety. The ADCA is modeled after the U.K.'s similar law, which has seen significant fines assessed for failure to comply, and other states are proposing legislation similar to California’s ADCA.
Recently, we have seen the FTC become increasingly interested in dark patterns and its effects on privacy and children. Just a few weeks ago, the FTC settled with Epic Games for almost half a billion dollars, over allegations that the company violated the Children’s Online Privacy Protection Act (COPPA) and deployed dark patterns that caused millions of players to make unintentional purchases. The Epic Games settlement comes just a few months after the FTC issued a report on how companies are increasingly using dark patterns that trick or manipulate consumers into sharing their personal data. The FTC has also been working on related issues, such as how children are affected by digital advertising and marketing that may blur the line between entertainment and advertisement.
The Children’s Advertising Review Unit (CARU) also issued its newest guidance for children’s advertising, which reflects the focus on online and digital advertising targeted at children. The guidance addresses in-app and in-game advertising, and influencer marketing, among others. The guidance became effective Jan. 1, 2022.
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Key topics to be discussed:
California's new Age-Appropriate Design Code law
FTC's report on dark patterns and guidance
Summary of recent FTC enforcement actions
2022 Children’s Advertising Review Unit (CARU) guidelines including their first opinions on “Negative Stereotyping”
Best practices for meeting the legal requirements and compliance
Date: January 19, 2023
Nerissa Coyle McGinn | Loeb & Loeb
Nerissa Coyle McGinn is a partner in Loeb & Loeb’s Advanced Media and Technology Practice. She also serves as the firm’s first chief diversity partner and co-chair of the Diversity Committee.
Nerissa’s practice focuses on matters involving the convergence of advertising and promotions, emerging media, technology, privacy and intellectual property law. More recently, she has focused her practice on counseling clients on legal issues related to NFTs and in the metaverse, including issues on enforcing and exploiting their existing rights.
Nerissa also has particular experience advising on matters involving digital advertising and promotions including on social media platforms; loyalty programs; the Children’s Online Privacy Protection Act (COPPA); and the Children’s Advertising Review Unit (CARU).
Nerissa has a diverse roster of clients ranging from some of the best-known brand to start-up digital companies and app developers. Embracing a business-minded approach, she helps all of her clients develop new brand assets and assists them in promoting and advertising their brands and products. As a thought leader in her industry, Nerissa frequently publishes and speaks at events and conferences. She also serves as the Co-Chair of INTA’s Leadership Development Programming Sub-Committee.
Robyn Mohr | Loeb & Loeb
Robyn Mohr counsels clients on a wide variety of matters related to new media, technology, mobile and digital marketing, advertising, and privacy. She also advises on compliance with various state and federal laws and regulations, representing clients in a variety of industries, including consumer products, telecommunications, internet and entertainment.
I. California’s new Age-Appropriate Design Code law | 12:00pm – 12:20pm
II. FTC’s report on dark patterns and guidance | 12:20pm – 12:40pm
III. Summary of recent FTC enforcement actions | 12:40pm – 1:00pm
Break | 1:00pm – 1:10pm
IV. 2022 Children’s Advertising Review Unit (CARU) guidelines including their first opinions on “Negative Stereotyping” | 1:10pm – 1:25pm
V. Best practices for meeting the legal requirements and compliance | 1:25pm – 1:40pm