FTC Publishes Mobile App Advertising and Privacy Do’s and Don’ts

Contact: Kelley Drye & Warren (Washington D.C., USA)

On September 5, 2012, the Federal Trade Commission published a marketing guide for mobile application developers entitled “Marketing Your Mobile App: Get it Right from the Start.” In addition to identifying truth-in-advertising standards, the Guide provides basic privacy principles for mobile app developers that align with the core principles contained in the

FTC Staff’s March 2012 privacy report. The key provisions are discussed in the client advisory below.

The FTC’s guidelines for mobile app developers underscore that the FTC is closely monitoring mobile app practices, particularly with respect to whether app marketers abide by truth-in-advertising laws, privacy principles, and children’s privacy requirements. While taking a “privacy by design” approach to mobile apps and carefully vetting all advertising claims requires time and resources, implementing these proactive steps now can help avoid unwanted scrutiny and potential enforcement action by the FTC, as well as state regulators and litigants.


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