Mobile data broker Kochava must face a privacy lawsuit over the alleged sale of people's location data, a federal judge has ruled.

In a decision issued last week, U.S. District Court Judge Cynthia Bashant in San Diego ruled that if the allegations in the class-action complaint against Kochava were proven true, they could support a claim that its data practices “amount to an egregious breach of social norms.”

While Bashant dismissed some of the counts in the complaint, she said Kochava must face others -- including a claim that the company violated the the right to privacy as enshrined in California's constitution.

The ruling comes in a class-action complaint filed by David Greenley last year, shortly after the Federal Trade Commission claimed the company engaged in an unfair business practice by allegedly selling location data -- including information that could reveal visits to sensitive locales like abortion clinics. Kochava allegedly obtained the data from app developers.

Kochava has said it collects latitude and longitude, IP addresses and mobile advertising identifiers (pseudonymous alphanumeric strings), but doesn't identify the consumer associated with the identifier.

But Greenley, as well as the FTC, alleged that geolocation data, when combined with mobile advertising identifiers, can be enough to identify individuals.

The FTC said in its complaint against Kochava that data brokers sometimes advertise the ability to match mobile identifiers with names and physical addresses. Even without that type of service, location data alone can be used to identify people, according to the FTC. For example, a mobile device is typically located at the owner's home address overnight, the FTC alleged.

A federal judge in Idaho dismissed the FTC's complaint earlier this year, but allowed the agency to reformulate its allegations and bring them again. The FTC did so last month, but the amended complaint isn't yet available to the public.

Kochava urged Bashant to dismiss the California lawsuit at an early stage as well. Among other arguments, Kochava said the allegations, if true, show that consumers both consented to the data collection by app developers, and could have opted out of having their data collected.

Bashant rejected that argument, at least for now.

“Even if the court accepts that plaintiff consented to a third-party app developer collecting his data and that he could have contacted defendant to request the deletion of his data, defendant’s argument is still deficient,” Bashant wrote.

“Even if plaintiff gave full consent to third-party app developers to collect his data, consent to that specific conduct does not extend to defendant’s collection of plaintiff’s data through backdoors built into apps or to defendant’s dissemination of that information for profit,” Bashant added. “Likewise, the failure to opt-out does not demonstrate consent, particularly when users are unaware of the data collection practices.”

She also rejected -- for now -- Kochava's argument that the allegations, if proven true, wouldn't show the kind of serious privacy violation that would violate the state's constitution.

Instead, she ruled, questions about the seriousness of the alleged privacy violation should be resolved based on evidence that would come out at trial, or through depositions or other evidence.

“Intrusions on privacy exist on a spectrum,” she wrote. “ For this reason, courts hesitate to decide the issue at the pleadings stage.”

Greenley isn't the only one suing Kochava. The company also has been hit with class-action complaints in Idaho and Massachusetts. Those matters are still pending.

Fortnite developer Epic Games is asking the Supreme Court to immediately reinstate an injunction that would require Apple to allow developers to add in-app links to outside payment platforms.

In a motion quietly filed Tuesday with Justice Elena Kagan, Epic contends that letting Apple continue enforcing its anti-steering rules -- which prohibit developers from offering in-app links to alternative payment options -- would allow the company “to collect hundreds of millions of dollars in monopoly rents.”

Epic's request marks the latest development in a three-year-old battle between the two companies. The dispute began in the summer of 2020, when Epic began allowing gamers to make purchases directly from its iOS apps.

At the time, Apple required developers to use its payment platform for in-app purchases, and charged a commission of up to 30% on those sales. (In 2021, Apple agreed to allow developers to notify app users by email or telephone -- but not in-app -- about outside payment options.)

Apple then removed Fortnite from the iOS app store, after which Epic alleged in an antitrust complaint that Apple monopolized the iOS app distribution market, and unlawfully required developers to use its payment processing system.

U.S. District Court Judge Yvonne Gonzalez Rogers in Oakland, California, who presided over a trial between the companies, ruled in 2021 that Epic failed to prove its anti-trust claims.

But Rogers also said Apple's anti-steering policy violated California's unfair competition law, and issued an injunction requiring Apple to allow developers to add in-app links to payment options outside Apple's platform.

Both Apple and Epic appealed to the 9th Circuit, which initially stayed Rogers' injunction. But in April, that court upheld Rogers' entire decision -- including the injunction.

Last month, Apple asked the appeals court to again stay the injunction.

The company said at the time it planned to ask the Supreme Court to review the injunction on the grounds that it's too broad because it affects all developers nationwide, not just Epic.

Epic opposed that request, contending that there is “no realistic chance” the Supreme Court will hear Apple's appeal.

Earlier this month, the 9th Circuit Court of Appeals granted Apple's request to stay the injunction while the company attempts to pursue an appeal to the Supreme Court. The 9th Circuit said the stay will expire on October 15, or until the Supreme Court says whether it will hear an appeal -- whichever occurs later.

Epic now says the 9th Circuit should not have granted the stay, arguing that the delay will “injure not only Epic but innumerable consumers and other app developers for a significant period of time.”

The game developer adds that Apple's anti-steering rules “deprive consumers of accurate information that would save them money,” and also “generate for Apple hundreds of millions of dollars annually in supracompetitive profits.”

Apple has not yet responded to Epic's latest argument.

French’s is no newcomer to bringing its mustard flavor to unexpected places.

In years past, it’s celebrated National Mustard Day by injecting the flavor into such sweet treats as ice cream. This year, the yellow condiment gets the confectioners' treatment, with the brand teaming up with Mars’ Skittles brand to make Mustard Skittles a reality for National Mustard Day on Aug. 5.

“From Mustard Ice Cream to last year’s viral Mustard Donuts, this year marks the fifth time French’s has gone all out with flavorful innovations to celebrate National Mustard Day,” Valda Coryat, North America vice president of marketing for French’s parent company McCormick & Company, said in a statement, adding “we knew we had to outdo ourselves.”

Coming from the sweet side, Mars marketing director Ro Cheng said Skittles is always looking for opportunities to “deliver unexpected ways for fans to experience the brand.” That's why it decided to team up with French’s for the limited edition-treat that “combines their tangy mustard flavor with our iconic chewy texture.”

Those looking to taste the mustard rainbow can visit French’s website and enter for a chance to win a candy pack through Aug. 5. French’s is also taking the National Mustard Day promotion on tour via its Mustard Mobile -- which the brand describes as “a bright yellow custom-designed vintage bus complete with giant Mustard Skittles on top.”

The bus will be making stops in Atlanta, Washington D.C. and New York City, where fans will have the opportunity to taste Mustard Skittles and snag some French’s National Mustard Day swag.

The unique flavor could come in handy for those who find themselves in a sad barbecue situation devoid of condiments, and likely would pair well with a pickle-flavored cocktail.

WhatsApp, Meta's encrypted messaging platform, is streamlining the video-messaging process. Now users will be able to record and share short personal videos directly in their chats, moving in-app communication beyond text and voice messaging.

Although video is not new to WhatsApp, this new feature is more immediate, taking after the voice messaging experience, avoiding filling users’ camera rolls with short clips.

“We think these will be a fun way to share moments with all the emotion that comes from video,” wrote Meta in a blog post. “Whether it’s wishing someone a happy birthday, laughing at a joke, or bringing good news.”

Users will be able to record up to 60 seconds of instant video. Meta CEO Mark Zuckerberg shared a short video clip as an example to interested users.

Meta says that sending a video message is as simple as sending a voice message. Users will tap to switch to video mode and hold the record button to begin filming. They can also swipe up to lock and record the video hands-free.

Video will play automatically on mute when opened in a chat. Tapping on the video will start the sound. Videos, Meta makes clear, are protected with end-to-end encryption to keep users’ messages secure –– a feature that has always been at the heart of WhatsApp.

Video messaging will begin rolling out on Thursday and will be available to everyone in the coming weeks, Meta says.

Volvo is capitalizing on the continuing trendiness of denim.

On Pinterest, “Denim on Denim” searches are up almost 6,000% in the last month, with searches for “Denim Outfits” up 250%, according to the social media network.

Earlier this month, Volvo launched what it is calling its most sustainable SUV yet, the EX30, which features recycled denim upholstery. 

To capitalize on the interest in the material, tied in part to the back-to-school season, Volvo is partnering with Pinterest for a complete takeover of all denim-related searches on the platform.

Running now through Aug. 31, the campaign leverages custom creative combined with search targeting to contextually align the EX30 with other denim searches across Pinterest. 

The EX30 will own the keyword “denim” when people conduct searches on Pinterest, giving Volvo the opportunity to connect with trend-driven buyers who are looking for denim inspiration. 

On July 27 and 28, Volvo’s denim takeover will receive a big boost when their message is served to the masses on Pinterest’s new Premiere Spotlight placement. 

The new format allows advertisers to showcase their brand in a premium, exclusive placement for an entire day on Pinterest. The video format takes up approximately 50% of a mobile device's screen on Pinterest’s search page, which is the first step for users to discover new ideas on Pinterest.

Pinterest aims to help brands reach the consumers they care about, and guide them from discovery to action, says Kim Blommer, automotive industry lead at Pinterest.

“As denim searches continue to boom, we’re looking forward to joining forces with Volvo to capitalize on this trend sweeping our platform, and to leverage the influence of Premiere Spotlight to position the EX30 prominently at the forefront of the denim conversation,” Blommer tells Marketing Daily. 

Threads could turn out to be marketers’ new best friend, particularly once Meta introduces advertising formats on the platform, which is reportedly planned once Threads reaches 1 billion users.

On the user functionality front, one of many planned improvements is making Threads — which is currently mobile-only — accessible through laptops/desktops.

But for the present, the mobile-only status is a drawback, at least in the view of B2B owners surveyed in mid July by B2B Reviews.

Nearly half (45%) of the 417 B2B owners polled cited mobile-only as Threads’ biggest disadvantage, followed by its lack of direct messages (39%) and lack of hashtags (39%).

Given that business customers still spend lots of time on laptops and desktops, it’s not hard to understand why B2B marketers prefer to be able to reach them that way, as well as through mobile. Also, for all kinds of marketers, content creation is still easier with a full-size keyboard and monitor.

But that doesn’t mean B2Bs aren’t intrigued by Threads’ potential.

The survey — whose respondents were mostly from retail (23%), media/entertainment (12%) and technology (11%), with some in finance, education, healthcare and other industries — found that 15% had already established a Threads account within the first two weeks of Threads’ launch, and 47% planned to set one up in future.

Eleven percent of millennial business owners had established accounts, versus just 3% of boomers. (Forty percent of respondents were millennials, 17% baby boomers, and 14% Gen Zs.)

Nearly a third of respondents (31%) plan to use both Threads and Twitter, but 35% don’t plan to use either platform.

Three quarters (77%) of respondents using Threads said that ease of sign-up and the automatic integration that allows businesses to transfer their Instagram audiences to Threads are Threads’ biggest advantages.

The same percentage reported using a “friendly and casual” tone in their Threads posts, versus 35% who said they’re using an “informative and knowledgeable” tone.

In addition to enabling users to post and browse from their computers, Threads will need to “work hard to attract and reassure businesses and brands that it is a safe space in which to operate and advertise,” Susan Schreiner, technology industry analyst at C4 Trends, noted to Forbes.

But it “starts from an advantageous position, given its ability to enable brands to make use of connections they already have on their Instagram platform or Facebook," she added. "This will enable companies to easily and seamlessly scale their campaigns in Meta's network. As Threads increases its functionality, reach and shareability, it has the potential for becoming a one-stop information and promo shop."