FTC, Turn Settle Allegations Consumers Were Deceived Over Online Tracking Opt-Out

Turn, which helps sellers target digital advertisements to consumers, agreed to settle FTC allegations it deceived consumers by tracking them online and through mobile apps even after they tried to opt out, said the commission in a Tuesday news release. Commissioners voted 3-0 to issue the administrative complaint and accept the consent agreement, which will be published in the Federal Register soon and subject to public comment through Jan. 19. After that, the commission will decide whether to make the proposed order final. The FTC alleged Turn's privacy policy said consumers could block targeted ads through blocking or limiting cookies on web browsers. But the company "used unique identifiers to track millions of Verizon Wireless customers, even after they blocked or deleted cookies from websites," said the commission. Turn's opt-out mechanism applied only to mobile browsers, but even users there couldn't block tailored ads, the agency added. The consent order bars Turn from misrepresenting the extent of its tracking and the ability of consumers to limit or control the company's use of data. It directs the company to offer an effective opt-out mechanism. In a blog post, Turn General Counsel and Chief Privacy Officer John Wolf Konstant wrote that the company agreed to the order to avoid a "lengthy and costly litigation process." He said the company complies with laws, industry standards and regulations and takes consumer privacy "seriously" since it was built to avoid collecting personally identifiable information.