Advertising Law Blog

Andrew Lustigman, head of Olshan’s Advertising, Marketing & Promotions Practice Group, was quoted in Bloomberg BNA regarding a recent petition by the privacy advocacy group Electronic Privacy Information Center (EPIC) to the Federal Trade Commission (FTC) to investigate Google’s management of its users’ private information. Using its Store Sales Measurement tool, the online tech giant collects large amounts of consumer data to determine where and how its users shop, including information pertaining to consumers’ credit and debit card transactions. In its petition to the FTC, EPIC claims that Google’s tracking system does not easily allow consumers to opt out, thus violating Section 5 of the FTC Act. “Because companies that use consumer data face scrutiny from government and private-sector watchdogs,” Mr. Lustigman explains, “any advertising program should unambiguously notify consumers as to how their data are used and give them a clear way to opt out.” With the proliferation of online commerce, it is imperative that consumers know how their data is being used. As Mr. Lustigman concludes, “Companies that participate in such programs would be well advised to reconfirm that their privacy policies permit this type of sharing and that there is an ability for a consumer to opt-out.”