Phyllis Marcus

DC-based advertising attorney. Comments are for information only.

[Phyllis Marcus @phyllis_marcus]

@VancityReynolds, a huge ask, but my daughter @Anna_H_Marcus is one of the many disappointed U Michigan seniors whose graduation has been canceled. She’s a sports editor on The Michigan Daily (a rarity for young women) and one of my personal heroes. Would you give her a shoutout?

[CARU | Children's Advertising Review Unit @CARUAdReview]

CARU's Director, Dona Fraser talks #KidsAdvertising, #CARU, #COPPA #ConnectedToys and #ChildInfluencers (Try saying that three times fast!) with an excellent lineup: Joe Sena Jr. from @CampbellSoupCo @phyllis_marcus from @HuntonAK and @AllisonFitzpat1 from @dglaw #MarketingLaw

[CARU | Children's Advertising Review Unit @CARUAdReview]

Getting parental consent in an app is possible! Is your app is “directed to kids” under #COPPA? What are best practices for gamified ads? Join experts on Best Practices in Mobile Apps w @Phyllis_Marcus @Hunton_Privacy @CARUAdReview @ApolloMatrix #OnlinePrivacy #CARUConf #kids

[Michigan Daily Sports @theblockm]

From @Anna_H_Marcus: U-M athletics department fires Rhonda Faehn less than a week after hiring her:
https://t.co/XP3bCUWFi0

[Phyllis Marcus @phyllis_marcus]

@SameenaKluck, thanks for the shout out! Diversity does matter, and when you change the language, you change the paradigm! https://t.co/DFyJXLQ4Mb

[Phyllis Marcus @phyllis_marcus]

@FTC reiterates that COPPA does not require parental consent for the collection of persistent identifiers for security or analytics to see how a site or app is working, i.e., activities used to support a site or service's internal operations. #COPPAChat https://t.co/QHaRxU2tYv

[Maureen Ohlhausen @M_Ohlhausen]

No. COPPA does not cover the collection of persistent IDs used to support the internal operations of a website or online service. #COPPAChat https://t.co/OU1kgEYWi0

[Phyllis Marcus @phyllis_marcus]

@FTC teases possible guidance on children's privacy in the EdTech space. #COPPAChat https://t.co/Tha2uuuBUU

[FTC @FTC]

@DavidPLeDuc @MOhlhausenFTC Hi David, glad you enjoyed the workshop! Stay tuned! #COPPAChat

[Phyllis Marcus @phyllis_marcus]

@FTC reiterates that it will not take action against companies that collect (and immediately delete) children's voices solely as a replacement for written words. Best example of this is voice-activated search. #COPPAChat https://t.co/UKtJ6vz4VY

[Maureen Ohlhausen @M_Ohlhausen]

.@FTC won’t take action where voice recording is used solely as a replacement for written words, such as to perform a search, & the company deletes the file immediately after its use. Details on other important limitations at: https://t.co/0sIewAlzMb. #COPPAChat

[Phyllis Marcus @phyllis_marcus]

@FTC: COPPA applies to the Internet of Things -- connected toys and other #IoT products intended for children. #coppachat https://t.co/Jamlx5ZB8d

[Maureen Ohlhausen @M_Ohlhausen]

COPPA applies to more than just websites & mobile apps. Connected toys & other #IoT products intended for children may be covered. #COPPAChat https://t.co/GL3mWugXwx

[Phyllis Marcus @phyllis_marcus]

Ready to live tweet the FTC's COPPA chat! https://t.co/AF8HdWdYoh

[FTC @FTC]

Join @FTC & @MOhlhausenFTC on March 6 at 3pm ET for a Live Q&A on the 20th anniversary of #COPPA: https://t.co/CAoIDYR5Md #privacy

[Phyllis Marcus @phyllis_marcus]

@FTC Brand responsible for monitoring, following up, and dismissing influencer. Q24. #Influencers101 https://t.co/nfHHGwyB2B

[FTC @FTC]

Brand should also monitor & follow up. But if an influencer doesn’t listen & is dismissed, then that’s all brand can do. #Influencers101 https://t.co/Wo1rM6rq5J

[Phyllis Marcus @phyllis_marcus]

@FTC. Influencer + free swag + a post = need to disclose. #Influencers101 https://t.co/90nf9IrXlV

[FTC @FTC]

Yes, it is an ad - if they send it to you because you’re an influencer or for you to review it. #Influencers101 https://t.co/O6rNWPnm7C

[Phyllis Marcus @phyllis_marcus]

@FTC says use built-in platform disclosure tools with caution. They may not provide sufficient transparency. #influencers101 https://t.co/c7aviXA0ra

[FTC @FTC]

The same applies to built-in Instagram tool. #Influencers101 https://t.co/mxstG6iO8G

[Phyllis Marcus @phyllis_marcus]

@FTC recognizes use of images for disclosure rather than text as long as prominent, unavoidable and understood. Q13 #Influencers101 https://t.co/wLhBnrd9s2

[FTC @FTC]

Yes, if it stands out, followers can’t avoid it, and they understand it. #influencers101 https://t.co/LyqCfoxtor

[Phyllis Marcus @phyllis_marcus]

@FTC Thanks for the clarification -- must be brand-specific recognition/knowledge. #Influencers101

[Phyllis Marcus @phyllis_marcus]

@FTC Says that if influencer is gifted tix to event, posts relating to brand/sponsor should carry disclosure. Q10 #Influencers101 https://t.co/C8k6PHoKuJ

[FTC @FTC]

If the POV relates to the brand/sponsor, make the disclosure. If not related to the brand, no disclosure is necessary. #influencers101 https://t.co/ZvkNe73TNs

[Phyllis Marcus @phyllis_marcus]

@FTC says for disappearing snaps, prominent disclosure on first snap could work. #influencers101 https://t.co/ldFMpWS9q4

[FTC @FTC]

When all photos will be seen, disclosure on first one could be good enough if it stands out & viewers have time to notice it #influencers101 https://t.co/rD2cWWBBp6

[Phyllis Marcus @phyllis_marcus]

@CARUAdReview CARU emphasizes its vigilance in making clear that endorsements are ads. #influencers101