A federal court recently addressed whether plaintiffs alleging misleading commercial email practices in violation of Washington’s Commercial Electronic Mail Act (“CEMA”) have Article III standing to pursue claims. The ruling suggests that alleged violations of CEMA, standing alone, could constitute a concrete injury for Article III standing, where the asserted harm aligns with the statute’s purpose.
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Italian DPA Publishes Guidelines on Email Tracking Pixels
On April 17, 2026, the Italian data protection authority (the “Garante”) published Provision No. 284 setting out guidelines on the use of “tracking pixels” in emails (the “Guidelines”). This publication closely follows the recommendation issued by the French data protection authority on the same topic, which is discussed in a separate blog post available here.
Tracking pixels are commonly used to measure email open rates and to enable marketing automation tools. Under Italian law, the use of tracking pixels generally requires the recipient’s prior consent, unless a specific exemption applies. In its Guidelines, the Garante provides practical examples to help organizations assess when consent is (and is not) required and clarifies the compliance obligations applicable to businesses relying on these technologies in email communications. This post summarizes the key takeaways.
Continue Reading Italian DPA Publishes Guidelines on Email Tracking PixelsFrench CNIL Imposes €1M GDPR Fine on Israeli Ad Tech Firm
On December 11, 2025, the CNIL fined an Israeli company €1 million for failing to comply with its GDPR obligations after providing personalized advertising services to an EU music-streaming platform. The service helped the platform to personalize and optimize marketing campaigns to promote its streaming services.
The CNIL held that the GDPR applied to the non-EU processor under Article 3(2), on the basis that it had monitored the behavior of EU users by creating audience segments based on demographics and listening habits, on behalf of the controller.
Continue Reading French CNIL Imposes €1M GDPR Fine on Israeli Ad Tech FirmFTC Takes Aim at Online Lead Generator
On August 7, 2025, the Federal Trade Commission (“FTC”) announced a $45 million settlement with online lead generator MediaAlpha, Inc. and its subsidiary QuoteLab, LLC (collectively, “MediaAlpha”), resolving allegations that the companies misled consumers seeking health insurance products. According to the FTC, MediaAlpha tricked consumers into sharing sensitive personal information under the guise of offering health insurance options through their lead generation sites. MediaAlpha allegedly then used that data for abusive telemarketing, including calling numbers on the National Do Not Call Registry. The FTC also alleged that MediaAlpha auctioned off consumers’ information to third-party lead generators and telemarketers, who similarly used that data to make illegal telemarketing calls.
Continue Reading FTC Takes Aim at Online Lead GeneratorFTC Declares July as “Made in the USA” Month
By Jehan Patterson, Ryan Miller & Munseong Park on
Posted in Advertising
With the Trump administration’s renewed focus on American manufacturing, FTC Chairman Andrew N. Ferguson’s recent declaration that July 2025 is “Made in the USA” Month appears to signal a renewed emphasis on Made in USA enforcement. The FTC has a long history of scrutinizing these claims and the more recently-issued Made in USA Rule sets strict compliance standards with the threat of significant monetary penalties for non-compliance. And while Chairman Ferguson’s statement nods to the importance of preventing deception in this area, it emphasizes that advertisers should be making Made in USA claims whenever they are appropriate.
Continue Reading FTC Declares July as “Made in the USA” Month