Connect with us

FACEBOOK

ATDS Analysis: What Matters Post-Facebook | CompliancePoint – JDSupra

Published

on

Under the Telephone Consumer Protection Act (TCPA), technology matters, and the type of dialing system can drastically change the risk profile of outbound calling activities. If a marketer is using an Automatic Telephone Dialing System (ATDS), then consent must be obtained prior to placing marketing or informational calls and texts to consumers. While informational calls and texts only require express consent, marketing calls from an ATDS must meet a much higher Express Written Consent requirement. 

Exactly what an ATDS is (and is not) created a deep division among Federal Courts and a headache for businesses trying to comply with a Federal law inconsistently applied. On April 1, 2021, the Supreme Court stepped in to resolve this divide in Facebook v. Duguid, finding that in order to be an ATDS, “a device must have the capacity either to store a telephone number using a random or sequential number generator or to produce a telephone number using a random or sequential number generator.” 

Six months later, we’re beginning to understand how lower courts will interpret this ruling:

  • Random or Sequential Number Generation: Unsurprisingly, courts interpreting the Facebook ruling have focused in on whether the system at issue randomly or sequentially generates numbers. Some courts analyzing this issue have been persuaded that calls and texts targeting particular consumers, calls placed only to numbers on loaded lists, or emergency alerts sent to a particular user are not an ATDS. Additionally, at least one court has let litigation proceed when the text messages at issue were generic and could have plausibly been sent using a random or sequential number generator.
  • Capacity: Courts still seem divided on whether the mere capacity to automatically or sequentially dial makes a system an ATDS or whether that function actually needs to be used in order to run afoul of the TCPA.
  • Human Intervention: Prior to Facebook, human intervention was central to some courts’ ATDS analysis. However, post-Facebook, the issue of whether human intervention is part of a dialer’s process seems to have moved from the center stage. For instance, some cases involving a dialer using a human agent to initiate calls have focused primarily on the random or sequential number generation and less on the degree to which a human is involved in creating calls. Cases pre-Facebook reviewing similar systems primarily focused on the degree of human intervention.
See also  Facebook spent $23 million for CEO Mark Zuckerberg's security in 2020

Although it’s clear that we’ve come far from the fractured interpretations of what an ATDS is, it may still take some time before we truly understand how courts will apply the Facebook ruling.

If your business is calling or texting, it’s important to understand whether you are using an ATDS and, if you are, whether you have the appropriate level of consent documented prior to placing calls. You should also be aware of more restrictive state rules such as Florida’s, which has a broad definition of automated technology.

Read More

Advertisement
free widgets for website
Continue Reading
Advertisement free widgets for website
Click to comment

Leave a Reply

Your email address will not be published.

FACEBOOK

Updating Special Ad Audiences for housing, employment, and credit advertisers

Published

on

By

updating-special-ad-audiences-for-housing,-employment,-and-credit-advertisers

On June 21, 2022 we announced an important settlement with the US Department of Housing and Urban Development (HUD) that will change the way we deliver housing ads to people residing in the US. Specifically, we are building into our ads system a method designed to make sure the audience that ends up seeing a housing ad more closely reflects the eligible targeted audience for that ad.

As part of this agreement, we will also be sunsetting Special Ad Audiences, a tool that lets advertisers expand their audiences for ad sets related to housing. We are choosing to sunset this for employment and credit ads as well. In 2019, in addition to eliminating certain targeting options for housing, employment and credit ads, we introduced Special Ad Audiences as an alternative to Lookalike Audiences. But the field of fairness in machine learning is a dynamic and evolving one, and Special Ad Audiences was an early way to address concerns. Now, our focus will move to new approaches to improve fairness, including the method previously announced.

What’s happening: We’re removing the ability to create Special Ad Audiences via Ads Manager beginning on August 25, 2022.

Beginning October 12th, 2022, we will pause any remaining ad sets that contain Special Ad Audiences. These ad sets may be restarted once advertisers have removed any and all Special Ad Audiences from those ad sets. We are providing a two month window between preventing new Special Ad Audiences and pausing existing Special Ad Audiences to enable advertisers the time to adjust budgets and strategies as needed.

See also  Facebook, Instagram Apps on Google Play Store Vulnerable: Check Point

For more details, please visit our Newsroom post.

Advertisement
free widgets for website

Impact to Advertisers using Marketing API on September 13, 2022

For advertisers and partners using the API listed below, the blocking of new Special Ad Audience creation will present a breaking change on all versions. Beginning August 15, 2022, developers can start to implement the code changes, and will have until September 13, 2022, when the non-versioning change occurs and prior values are deprecated. Refer below to the list of impacted endpoints related to this deprecation:

For reading audience:

  • endpoint gr:get:AdAccount/customaudiences
  • field operation_status

For adset creation:

  • endpoint gr:post:AdAccount/adsets
  • field subtype

For adset editing:

  • endpoint gr:post:AdCampaign
  • field subtype

For custom audience creation:

  • endpoint gr:post:AdAccount/customaudiences
  • field subtype

For custom audience editing:

  • endpoint gr:post:CustomAudience

Please refer to the developer documentation for further details to support code implementation.

First seen at developers.facebook.com

Advertisement
free widgets for website
Continue Reading

FACEBOOK

Introducing an Update to the Data Protection Assessment

Published

on

By

introducing-an-update-to-the-data-protection-assessment

Over the coming year, some apps with access to certain types of user data on our platforms will be required to complete the annual Data Protection Assessment. We have made a number of improvements to this process since our launch last year, when we introduced our first iteration of the assessment.

The updated Data Protection Assessment will include a new developer experience that is enhanced through streamlined communications, direct support, and clear status updates. Today, we’re sharing what you can expect from these new updates and how you can best prepare for completing this important privacy requirement if your app is within scope.

If your app is in scope for the Data Protection Assessment, and you’re an app admin, you’ll receive an email and a message in your app’s Alert Inbox when it’s time to complete the annual assessment. You and your team of experts will then have 60 calendar days to complete the assessment. We’ve built a new platform that enhances the user experience of completing the Data Protection Assessment. These updates to the platform are based on learnings over the past year from our partnership with the developer community. When completing the assessment, you can expect:

  • Streamlined communication: All communications and required actions will be through the My Apps page. You’ll be notified of pending communications requiring your response via your Alerts Inbox, email, and notifications in the My Apps page.

    Note: Other programs may still communicate with you through the App Contact Email.

  • Available support: Ability to engage with Meta teams via the Support tool to seek clarification on the questions within the Data Protection Assessment prior to submission and help with any requests for more info, or to resolve violations.

    Note: To access this feature, you will need to add the app and app admins to your Business Manager. Please refer to those links for step-by-step guides.

  • Clear status updates: Easy to understand status and timeline indicators throughout the process in the App Dashboard, App Settings, and My Apps page.
  • Straightforward reviewer follow-ups: Streamlined experience for any follow-ups from our reviewers, all via developers.facebook.com.

We’ve included a brief video that provides a walkthrough of the experience you’ll have with the Data Protection Assessment:

Something Went Wrong

Advertisement
free widgets for website

We’re having trouble playing this video.

The Data Protection Assessment elevates the importance of data security and helps gain the trust of the billions of people who use our products and services around the world. That’s why we are committed to providing a seamless experience for our partners as you complete this important privacy requirement.

Here is what you can do now to prepare for the assessment:

  1. Make sure you are reachable: Update your developer or business account contact email and notification settings.
  2. Review the questions in the Data Protection Assessment and engage with your teams on how best to answer these questions. You may have to enlist the help of your legal and information security points of contact to answer some parts of the assessment.
  3. Review Meta Platform Terms and our Developer Policies.

We know that when people choose to share their data, we’re able to work with the developer community to safely deliver rich and relevant experiences that create value for people and businesses. It’s a privilege we share when people grant us access to their data, and it’s imperative that we protect that data in order to maintain and build upon their trust. This is why the Data Protection Assessment focuses on data use, data sharing and data security.

Data privacy is challenging and complex, and we’re dedicated to continuously improving the processes to safeguard user privacy on our platform. Thank you for partnering with us as we continue to build a safer, more sustainable platform.

First seen at developers.facebook.com

Advertisement
free widgets for website
See also  Another film of false coronavirus claims got millions of views before Facebook, YouTube banned it
Continue Reading

FACEBOOK

Resources for Completing App Store Data Practice Questionnaires for Apps That Include the Facebook or Audience Network SDK

Published

on

By

resources-for-completing-app-store-data-practice-questionnaires-for-apps-that-include-the-facebook-or-audience-network-sdk

Resources for Completing App Store Data Practice Questionnaires for Apps That Include the Facebook or Audience Network SDK

First seen at developers.facebook.com

See also  BBNaija organisers 'dump' Twitter for Facebook
Continue Reading

Trending