In its most recent open meeting, the Federal Trade Commission unanimously: (1) issued a Children’s Online Privacy Protection Act policy statement directed at ed tech providers, and (2) proposed amendments to the Endorsement Guides, which address influencer advertising on social media and consumer reviews.

The COPPA policy statement makes clear that the FTC is scrutinizing the privacy and data security practices of ed tech providers, with a focus on COPPA’s data collection, use, and retention limitations as well as data security obligations.  

The proposed amendments to the Endorsement Guides would address fake reviews and add a provision that advertisers should not distort or misrepresent what consumers think of their products, such as by suppressing negative reviews. 

The FTC has also proposed a new section to the Endorsement Guides that says that child-directed endorsements are of special concern. However, the FTC does not provide any guidance or best practices, explaining that it lacks sufficient evidence in the record to do so. To obtain more evidence, the FTC has announced a workshop on October 19, 2022. 

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Photo of Janis Kestenbaum Janis Kestenbaum

Janis Kestenbaum is a partner in the Privacy & Security practice and Advertising, Marketing & Promotions industry group. Janis represents companies under investigation by the Federal Trade Commission (FTC), state attorneys general, congressional committees, and foreign data protection authorities regarding privacy, data security…

Janis Kestenbaum is a partner in the Privacy & Security practice and Advertising, Marketing & Promotions industry group. Janis represents companies under investigation by the Federal Trade Commission (FTC), state attorneys general, congressional committees, and foreign data protection authorities regarding privacy, data security, and consumer protection issues.

Photo of Meredith Halama Meredith Halama

Meredith Halama serves as an authority on online and mobile advertising practices.

Photo of Aaron Haberman Aaron Haberman

Aaron Haberman is experienced in defending companies in government investigations and advising them regarding compliance with state and federal laws including the Federal Trade Commission (FTC) Act, the Controlling the Assault of Non-Solicited Pornography and Marketing (CAN-SPAM) Act, the Health Insurance Portability and…

Aaron Haberman is experienced in defending companies in government investigations and advising them regarding compliance with state and federal laws including the Federal Trade Commission (FTC) Act, the Controlling the Assault of Non-Solicited Pornography and Marketing (CAN-SPAM) Act, the Health Insurance Portability and Accountability Act (HIPAA), the Children’s Online Privacy Protection Act (COPPA), and the California Consumer Privacy Act (CCPA).