Notice2026-10547
1010 Digital Works LLC; Analysis of Proposed Consent Order To Aid Public Comment
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
May 28, 2026
Issuing agencies
Federal Trade Commission
Abstract
The consent agreement in this matter settles alleged violations of Federal law prohibiting unfair or deceptive acts or practices. The attached Analysis of Proposed Consent Order to Aid Public Comment describes both the allegations in the complaint and the terms of the consent order--embodied in the consent agreement--that would settle these allegations.
Full Text
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<title>Federal Register, Volume 91 Issue 102 (Thursday, May 28, 2026)</title>
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[Federal Register Volume 91, Number 102 (Thursday, May 28, 2026)]
[Notices]
[Pages 31721-31722]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-10547]
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FEDERAL TRADE COMMISSION
[File No. 242 3033]
1010 Digital Works LLC; Analysis of Proposed Consent Order To Aid
Public Comment
AGENCY: Federal Trade Commission.
ACTION: Proposed consent agreement; request for comment.
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SUMMARY: The consent agreement in this matter settles alleged
violations of Federal law prohibiting unfair or deceptive acts or
practices. The attached Analysis of Proposed Consent Order to Aid
Public Comment describes both the allegations in the complaint and the
terms of the consent order--embodied in the consent agreement--that
would settle these allegations.
DATES: Comments must be received on or before June 29, 2026.
ADDRESSES: Interested parties may file comments online or on paper by
following the instructions in the Request for Comment part of the
SUPPLEMENTARY INFORMATION section below. Please write ``1010 Digital;
File No. 242 3033'' on your comment and file your comment online at
<a href="https://www.regulations.gov">https://www.regulations.gov</a> by following the instructions on the web-
based form. If you prefer to file your comment on paper, please mail
your comment to: Federal Trade Commission, Office of the Secretary, 600
Pennsylvania Ave. NW, Mail Stop H-144 (Annex N), Washington, DC 20580.
SUPPLEMENTARY INFORMATION: Pursuant to section 6(f) of the Federal
Trade Commission Act, 15 U.S.C. 46(f), and FTC Rule 2.34, 16 CFR 2.34,
notice is hereby given that the above-captioned consent agreement
containing a consent order to cease and desist, having been filed with
and accepted, subject to final approval, by the Commission, has been
placed on the public record for a period of 30 days. The following
Analysis to Aid Public Comment describes the terms of the consent
agreement and the allegations in the complaint. An electronic copy of
the full text of the consent agreement package can be obtained at
<a href="https://www.ftc.gov/news-events/commission-actions">https://www.ftc.gov/news-events/commission-actions</a>.
You can file a comment online or on paper. For the Commission to
consider your comment, we must receive it on or before June 29, 2026.
Write ``1010 Digital; File No. 242 3033'' on your comment. Your
comment--including your name and your State--will be placed on the
public record of this proceeding, including, to the extent practicable,
on the <a href="https://www.regulations.gov">https://www.regulations.gov</a> website.
We encourage you to submit comments through the <a href="https://www.regulations.gov">https://www.regulations.gov</a> website. Postal mail addressed to the Commission
will be subject to delay because of heightened security screening. If
you prefer to file your comment on paper, write ``1010 Digital; File
No. 242 3033'' on your comment and on the envelope, and send it via
overnight service to: Federal Trade Commission, Office of the
Secretary, 600 Pennsylvania Avenue NW, Mail Stop H-144 (Annex N),
Washington, DC 20580.
Because your comment will be placed on the publicly accessible
website at <a href="https://www.regulations.gov">https://www.regulations.gov</a>, you are solely responsible for
making sure your comment does not include any sensitive or confidential
information. In particular, your comment should not include sensitive
personal information, such as your or anyone else's Social Security
number; date of birth; driver's license number or other State
identification number, or foreign country equivalent; passport number;
financial account number; or credit or debit card number. You are also
solely responsible for making sure your comment does not include
sensitive health information, such as medical records or other
individually identifiable health information. In addition, your comment
should not include any ``trade secret or any commercial or financial
information which . . . is privileged or confidential''--as provided by
section 6(f) of the FTC Act, 15 U.S.C. 46(f), and FTC Rule 4.10(a)(2),
16 CFR 4.10(a)(2)--including competitively sensitive information such
as costs, sales statistics, inventories, formulas, patterns, devices,
manufacturing processes, or customer names.
Comments containing material for which confidential treatment is
requested must be filed in paper form, must be clearly labeled
``Confidential,'' and must comply with FTC Rule 4.9(c). In particular,
the written request for confidential treatment that accompanies the
comment must include the factual and legal basis for the request and
must identify the specific portions of the comment to be withheld from
the public record. See FTC Rule 4.9(c). Your comment will be kept
confidential only if the General Counsel grants your request in
accordance with the law and the public interest. Once your comment has
been posted on the <a href="https://www.regulations.gov">https://www.regulations.gov</a> website--as legally
required by FTC Rule 4.9(b)--we cannot redact or remove your comment
from that website, unless you submit a confidentiality request that
meets the requirements for such treatment under FTC Rule 4.9(c), and
the General Counsel grants that request.
Visit the FTC website at <a href="https://www.ftc.gov">https://www.ftc.gov</a> to read this document
and the news release describing the proposed settlement. The FTC Act
and other laws the Commission administers permit the collection of
public comments to consider and use in this proceeding, as appropriate.
The Commission will consider all timely and responsive public comments
it receives on or before June 29, 2026. For information on the
Commission's privacy policy, including routine uses permitted by the
Privacy Act, see <a href="https://www.ftc.gov/site-information/privacy-policy">https://www.ftc.gov/site-information/privacy-policy</a>.
Analysis of Proposed Consent Order To Aid Public Comment
The Federal Trade Commission (``Commission'') has accepted, subject
to final approval, an agreement containing a consent order from 1010
Digital Works LLC (``1010 Digital'' or ``Respondent''). The proposed
consent order (``Proposed Order'') has been placed on the public record
for 30 days for receipt of public comments from interested persons.
Comments received during this period will become part of the public
record. After 30 days, the Commission will again review the agreement,
along with the comments received, and will decide whether it should
make final the Proposed Order or withdraw from the agreement and take
appropriate action.
Respondent is a Wisconsin limited liability company with its
principal place of business in Mequon, Wisconsin. 1010 Digital provides
marketing and data brokering services. 1010 Digital, in conjunction
with CMG
[[Page 31722]]
Media Corporation d/b/a Cox Media Group (``CMG'') and MindSift LLC
(``MindSift''), developed and operated a marketing service that
purported to allow CMG's customers to target ads to consumers within
particular geographic service areas based on conversations consumers
had near their smart devices.
The Commission's proposed two-count complaint alleges that
Respondent (I) misrepresented that its marketing service collected and
used voice data, obtained consent from consumers for such collection
and use, and offered precise geotargeting, and (II) provided the means
and instrumentalities for CMG to deceive its customers into purchasing
the marketing service.
Regarding Count I, the proposed complaint alleges 1010 Digital
represented that its marketing service collected and used voice data
from smart devices for marketing purposes, obtained consent for the
collection and use of voice data from consumers, and created lists of
consumers in particular geographic areas. The proposed complaint
alleges that these claims are false or misleading, in violation of
section 5 of the FTC Act, because the marketing service did not collect
or use voice data, did not obtain consent from consumers for the
collection and use of their voice data, and did not create lists of
consumers in particular geographic areas.
Regarding Count II, the proposed complaint alleges that by
furnishing deceptive representations in marketing materials, sales
pitches, and responses to questions from CMG's customers, 1010 Digital
provided the means and instrumentalities for CMG to deceive customers.
Based on the foregoing, the complaint alleges that Respondent engaged
in deceptive acts or practices in violation of section 5(a) of the FTC
Act.
The Proposed Order contains injunctive relief designed to prevent
Respondent 1010 Digital from engaging in the same or similar acts or
practices in the future. Provision I prohibits 1010 Digital from making
any misrepresentation about: (1) the qualities or features of its
advertising or marketing services; (2) the collection and use of Voice
Data; consumers' consent to the collection, use, or disclosure of Voice
Data; or the geographic targeting capabilities of its advertising or
marketing services. (Voice Data is defined in the Proposed Order.)
Provision II requires Respondent to pay to the Commission $25,000
in monetary relief. Provision III describes the procedures and legal
rights related to that payment. Provision IV requires 1010 Digital to
provide customer information to enable the Commission to efficiently
administer redress to those affected by the deception. Provision V
requires Respondent to obtain and submit acknowledgments of receipt of
the Order.
Provisions VI-VIII are reporting and compliance provisions, which
include recordkeeping requirements and provisions requiring Respondent
to provide information or documents necessary for the Commission to
monitor compliance. Provision IX states that the Proposed Order will
remain in effect for 20 years, with certain exceptions.
The purpose of this analysis is to facilitate public comment on the
Proposed Order, and it is not intended to constitute an official
interpretation of the complaint or Proposed Order, or to modify the
Proposed Order's terms in any way.
By direction of the Commission.
Joel Christie,
Acting Secretary.
[FR Doc. 2026-10547 Filed 5-27-26; 8:45 am]
BILLING CODE 6750-01-P
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</html>Indexed from Federal Register on May 28, 2026.
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