Court Rules
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SettlementMedium Risk

NJ AG Fines Dataium $400K for Unauthorized Tracking and Data Sale

DataiumNovember 21, 2013New Jersey Attorney General

Penalty Amount

$400,000

Consumers Affected

400,000

Summary

Dataium settled allegations that it used history sniffing to track consumers' online browsing without consent and sold personal data of 400,000 consumers to a data broker without notice. The settlement imposes a $400,000 monetary penalty, requires a privacy program, and mandates transparency and opt-out mechanisms.

Remedy

Dataium must pay $400,000 (with $301,000 suspended subject to compliance), implement a privacy program, post clear privacy notices on its website, and cease collecting browsing history without explicit disclosure and an opt-out option.

Monetary PenaltyCompliance ProgramCorrective NoticeInjunction

Contract Impact

In-house legal teams should review vendor agreements with data analytics or data broker companies, customer contracts involving data collection, and data processing addendums. Specific clauses to scrutinize include data sharing provisions, consent mechanisms for online tracking (e.g., web tracking or history sniffing), privacy notice integrations, opt-out requirements, and third-party data transfer terms. Changes may be needed to mandate explicit consent for tracking practices, require clear disclosure of personal data sales to entities like data brokers, and enforce robust opt-out mechanisms to align with privacy laws and settlement mandates.

Contract Search Terms

opt-out mechanismdata sharing agreementtracking consent clauseprivacy notice requirementthird-party data transfer consentdata sale disclosureconsumer consent provisiontransparency clause

Laws Cited

New Jersey Consumer Fraud Act

Violation Types

Entity Details

Entity

Dataium

Industry

Technology

Official Sources

Source Evidence

Entity Name
"Dataium, a Tennessee-based data analytics company"
Fine Amount
"Dataium has agreed to a $400,000 payment to the State"
Laws Cited
"violate the New Jersey Consumer Fraud Act."
Violation Types
"Dataium allegedly used software code to track the Web sites visited by consumers without their knowledge or consent."
Violation Types
"sold the personal identifying information of 400,000 consumers to Acxiom without notice to those consumers."
Consumers Affected
"400,000 consumers"

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