Alerts: Advertising Law
FTC Announces Settlement with Window Marketers Over Environmental Claims
In another example of the Federal Trade Commission's broad efforts to ensure that environmental marketing is truthful and based on solid scientific evidence, the FTC recently proposed settlement orders that prohibit five window replacement companies from making false claims about how much money consumers could save on their heating and cooling bills by having windows installed. Read more.
March 6, 2012
Alerts: Advertising Law
FCC Imposes Strict New Rules for Robocalls
The Federal Communications Commission has issued an order requiring telemarketers to obtain prior written consent from consumers before distributing prerecorded telemarketing messages via autodialer to cell phones or residential landlines. Besides exceptions noted here, the order applies regardless of whether there is an existing business relationship between the marketer and the consumer, and will go into effect 12 months after formal publication of the approved rule in the Federal Register. Read more.
February 27, 2012
Alerts: Advertising Law
FTC and CFPB Team Up on Financial Products Oversight
Last week, the Federal Trade Commission and the Consumer Financial Protection Bureau entered into a memorandum of understanding in order to outline how the two agencies will share responsibility for protecting consumers in the financial products and services sector. Read more.
January 24, 2012
Alerts: Advertising Law
CVS to Pay FTC $5 Million to Settle Deceptive Pricing Charges
Last week, the Federal Trade Commission announced that CVS Caremark Corporation will pay $5 million to settle claims that it misrepresented the actual prices of certain Medicare drugs. Read more.
January 19, 2012
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Alerts: Advertising Law
FTC Concludes Investigation Concerning Gifts to Bloggers
The Federal Trade Commission recently closed its investigation of Hyundai Motor America’s alleged violation of Section 5 of the FTC Act (15 U.S.C. § 45) in connection with a blogging campaign conducted to spark interest in Hyundai’s Super Bowl XLV ads. Read more.
December 21, 2011
Alerts: Advertising Law
Facebook Settles FTC Privacy Charges
The Federal Trade Commission announced yesterday that Facebook has settled charges that it deceived consumers by making false privacy assurances, and then repeatedly allowing consumer information to be shared and made public. The settlement serves as a timely reminder that companies must abide by their own statements regarding how personal information is used and shared. Read more.
November 30, 2011
Alerts: Advertising Law
DOT Settles False Advertising Action against Spirit Airlines for Deceptive Tweets
This week the U.S. Department of Transportation announced that Spirit Airlines will pay $50,000 to settle allegations that it failed to comply with DOT’s full-fare advertising rules when it tweeted about airfares without disclosing material information about the fares in the tweets themselves. Read more.
November 23, 2011
Alerts: Advertising Law
Accountability Program Announces Initial Compliance Agreements
The Council of Better Business Bureaus has announced the first six compliance agreements with online behavioral marketers under the self-regulatory regime of its "Online Interest-Based Advertising Accountability Program". Beginning in August, the program began testing the functionality, usability, and duration of consumer-choice mechanisms offered by a number of companies. Read more.
November 14, 2011
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Alerts: Advertising Law
In Case of First Impression, NAD addresses “Like-gating” on Facebook
In response to a challenge brought by 1800-Contacts, Inc., the National Advertising Division of the Council of Better Business Bureaus has reviewed advertising claims made by Coastal Contacts, Inc., through a Facebook promotion offering "free" products to consumers who "Liked" its Facebook page. Read more.
November 10, 2011
Alerts: Advertising Law
Video Ad Network Settles FTC Privacy Complaint
The Federal Trade Commission's proposed settlement with the online advertiser ScanScout, announced yesterday, offers a timely reminder of the importance of ensuring that your company's stated privacy practices align with how your company actually collects and uses information. Read more.
November 9, 2011
Alerts: Advertising Law
Measuring Buzz: Best Practices for “Social Listening”
Today advertisers are not only mastering the art of speaking through social media channels, they are also exploring ways to listen and learn. But while "social listening" or "social media monitoring" can yield valuable market data, these practices also raise privacy and ethical concerns. Read more.
November 3, 2011
Alerts: Advertising Law
California Attorney General Files Suit Against Water Bottle Companies
California Attorney General Kamala D. Harris filed a complaint against three companies Wednesday for allegedly making false and misleading claims about their plastic water bottles' recyclability and biodegradability. Read more.
October 31, 2011
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Alerts: Advertising Law
FTC Seeks Public Comment on Mail or Telephone Order Merchandise Rule
As part of the Federal Trade Commission's ("FTC") systematic review of its rules and guides, the FTC has announced that it intends to retain the "Mail or Telephone Order Merchandise Rule", but with certain proposed amendments in order to keep up with current technology and business practices. Read more.
October 18, 2011
Alerts: Advertising Law
FTC Proposes Revisions to Children’s Online Privacy Rule
The Federal Trade Commission recently implemented revisions to the "Children’s Online Privacy Protection Act" that will cover social media, mobile devices, and other technologies that not taken into account at the time the original rule was enacted. Read more.
September 30, 2011
Alerts: Advertising Law
FTC Announces $25 Million Settlement with Reebok
The Federal Trade Commission announced today that Reebok International Ltd. will pay $25,000,000 to settle FTC charges that it deceptively advertised its "toning shoes." Reebok’s ads claimed the shoes would provide extra tone and strength to leg and buttock muscles. Read more.
September 29, 2011
Alerts: Advertising Law
Distilled Spirits Council Issues New Social Media Marketing Guidelines
Last week, the Distilled Spirits Council of the United States issued new self-regulatory guidelines governing online marketing practices. The new guidelines, which are effective September 30th, apply to marketing on social media sites and other digital communications platforms, including websites, blogs, and mobile communications and applications. Read more.
September 26, 2011
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Alerts: Advertising Law
Television Networks Agree to Stop Premium Text Message Sweepstakes
After four years of litigation, NBC Universal, Fox Broadcasting Company and several major production companies have agreed to settle a class action lawsuit involving premium text message promotions run during the popular competitive reality shows 'American Idol' and 'Deal or No Deal.' Read more.
September 16, 2011
Alerts: Advertising Law
Deceptive “Negative Option” Marketing Leads to $4.8 Million Judgment
A California district court has entered a $4.8 million judgment against Swish Marketing, Inc., an online direct marketing company, for deceptive marketing practices involving use of a negative option feature, in which a consumer’s silence or failure to reject an offer is interpreted by the seller as acceptance. Read more.
August 2, 2011
Alerts: Advertising Law
Blogger Could Not Be Sued By Competitor for Anonymous User Posts
New York's highest court has held that a plaintiff’s claim against a blog operator arising out of allegedly defamatory comments posted to the blog was barred by the "Communications Decency Act". This is the first time the New York Court of Appeals has ruled on a CDA defense. Read more.
July 21, 2011
Alerts: Advertising Law
Connecticut AG Launches Investigation into Groupon
In what may be the first regulatory action against the daily deal giant, Groupon, the Connecticut Attorney General has just announced that he has requested information from the company regarding its consumer discount vouchers, or “Groupons”. Read more.
July 15, 2011
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Alerts: Advertising Law
Right of Publicity Statute Does Not Apply to Those Who Died Before Its Enactment
An Indiana federal court has ruled that the Indiana right of publicity statute, which has the longest post-mortem period of continuing the right of publicity, does not apply to personalities who died before 1994, the year the statute was enacted. Read more.
July 11, 2011
Alerts: Advertising Law
The 100 Years After Death Right of Publicity Statute Does Not Apply To Personalities Who Died Before
An Indiana federal court has ruled that the Indiana right of publicity statute, which has the longest post-mortem period of continuing the right of publicity, does not apply to personalities who died before 1994, the year the statute was enacted. Read more.
July 11, 2011
Alerts: Advertising Law
CARU Tells Paramount to Modify Advertising for “Justin Bieber: Never Say Never”
The Children's Advertising Review Unit of the Council of Better Business Bureaus, Inc. recently recommended that Paramount Pictures Corp. modify or discontinue a television commercial for the film, "Justin Bieber: Never Say Never". CARU said that the commercial was misleading to children. Read more.
June 30, 2011
Alerts: Advertising Law
Advertising Agency Settles Multi-State Attorney General Investigation
Advertising agency Action Integrated Marketing recently entered into a settlement agreement with ten attorneys general, resolving allegations that the advertising agency created advertisements that misled consumers about the origins of cars that it was advertising. Read more.
June 13, 2011
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Alerts: Advertising Law
FTC Brings First Enforcement Action Against a Consumer
The Federal Trade Commission recently announced that it reached a settlement with a consumer who provided an allegedly false testimonial in an infomercial for the "wealth-building" program "Winning in the Cash Flow Business". Read more.
June 3, 2011
