US Ad Groups File Petition Against FCC’s Information Opt-in Rules

Several major US ad groups have jointly submitted a petition asking the Federal Communications Commission (FCC) to reconsider its ISP (internet service provider) privacy opt-in rules, which took effect this week.

The rules prohibit ISPs from using information about subscribers’ activity and usage for ad targeting without prior consent the user.

The petition reads: “Opt-in consent has not been the historical standard for advertising and marketing uses of data.  The Order, however, would require opt-in approval for the use of all web browsing and app usage history information for marketing purposes outside of very limited exceptions.”

It was submitted by the Association of National Advertisers, the American Association of Advertising Agencies, the American Advertising Bureau, the Data & Marketing Association, the Interactive Advertising Bureau and the Network Advertising Initiative.

It accuses the FCC of acting in an ‘arbitrary and capricious manner inconsistent with Congressional intent’ in its reliance on Section 222(a) of the 1934 Communications Act. It also suggests that the FCC ignored other proposals and failed to give interested parties proper time to offer comments.

The Trade Association, as the petitioning group is referred, argues that the order is unnecessary due to self-regulatory programs that offer ‘consumers transparency about online data collection’.