Alerts: Advertising Law
FTC to Update its Guidance about Disclosures in Online Advertising
The Federal Trade Commission ("FTC") announced yesterday that it is updating "Dot Com Disclosures: Information about Online Advertising," its guidance document that advises businesses on how federal advertising law applies to advertising and sales on the Internet. The current "Dot Com Disclosures" guidance is available here. The FTC announced that it is seeking public comment about how its guidance should be modified to reflect the dramatic changes in the online world since the "Dot Com Disclosures" guidance was first published in 2000. Comments are due by July 11, 2011. Read more.
May 27, 2011
Alerts: Advertising Law
Facebook Developments
Facebook has once again revised its "Promotions Guidelines". Effective May 11, 2011, the revisions place further restrictions on advertiser use of Facebook intellectual property: advertisers are now permitted to use Facebook’s name and trademarks only “in connection with a promotion or to mention Facebook in the rules or materials relating to a promotion” to fulfill the obligations placed on the advertiser by Facebook in its "Promotion Guidelines". Read more.
May 17, 2011
Alerts: Advertising Law
Marketing of Violent Entertainment to Children
The Federal Trade Commission recently released the results of an undercover shopper survey regarding retailers' enforcement of entertainment ratings aimed at protecting children. Teenagers hired by the FTC visited national and regional chains in the United States and attempted to buy R-rated movie tickets, R-rated movie DVDs, unrated DVDs of movies, music CDs carrying a "Parental Advisory Label", and video games rated "M." Read more.
May 9, 2011
Alerts: Advertising Law
New Proposed Guidelines on Food Marketing Designed to Combat Childhood Obesity
In a groundbreaking effort to combat childhood obesity, the Federal Trade Commission, the Food and Drug Administration, the Center for Disease Control and Prevention, and the U.S. Department of Agriculture worked together to release a set of proposed voluntary principles for public comment. Read more.
May 9, 2011
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Alerts: Advertising Law
Collecting Names Through Sweepstakes Entry Leads to FTC Action
The Federal Trade Commission announced last week that Electric Mobile Corporation, the manufacturer of "Rascal Scooters", used by disabled and senior consumers, and its owner, will pay $100,000 to settle FTC charges that it illegally called millions of consumers who had listed their phone numbers on the national "Do Not Call Registry". Read more.
April 28, 2011
Alerts: Advertising Law
DOT Issues New Airline Advertising Rules
Recently, the United States Department of Transportation announced new rules that will bring sweeping changes to airline advertising in the United States. The final rules will be effective later this year. Read more.
April 25, 2011
Alerts: Advertising Law
FTC Seeks to Shut Down Fake News Site Operators
The Federal Trade Commission ("FTC") announced today that it filed lawsuits against ten marketers, alleging that they used fake news websites to market their acai berry weight-loss products. The FTC is seeking court orders to halt the advertising and freeze the defendants’ assets pending trial. Read more.
April 19, 2011
Alerts: Advertising Law
Online Retailer Settles FTC Appliance Labeling Rule Investigation
An online retailer has agreed to pay $100,000 to settle Federal Trade Commission charges that it violated the agency’s "Appliance Labeling Rule". The FTC alleged that the retailer, Universal Appliances, Kitchens, and Baths, Inc., failed to post on its website required EnergyGuide information. Read more.
April 18, 2011
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Alerts: Advertising Law
Kerry and McCain Introduce “Commercial Privacy Bill of Rights Act of 2011”
Senators John Kerry and John McCain introduced a privacy bill this week that seeks to provide consumers with more transparency and control regarding the collection, use, storage, and transfer of their personal information.The bill – in its infancy and likely to face opposition – does not require changes in privacy practices unless and until it is enacted. But with bipartisan backing, it’s a privacy bill that could pass. Here’s a summary. Read more.
April 15, 2011
Alerts: Advertising Law
FCC Takes Action Against TV Stations for “Commercials in Disguise”
The Federal Communications Commission recently issued "Notices of Apparent Liability" against two television stations for allegedly airing news segments produced and supplied by advertisers, without disclosing that the segments were advertiser-supported. Read more.
April 11, 2011
Alerts: Advertising Law
New Best Practices for Mobile Marketers
The Mobile Marketing Association recently issued a revision of its "U.S. Consumer Best Practices." While the practices do not have the force of law, many leading advertisers follow them, and the mobile carriers require compliance for programs run on their networks. Read more.
April 8, 2011
Alerts: Advertising Law
Google Agrees to Settle FTC Claim Regarding Deceptive Privacy Practices
Google Inc. has agreed to settle Federal Trade Commission charges that it engaged in deceptive tactics and violated its own privacy pledges to consumers during the 2010 launch of its social network, "Google Buzz". Read more.
March 31, 2011
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Alerts: Advertising Law
Supreme Court Won’t Disturb New Test for Trademark “Dilution” Claims
The U.S. Supreme Court has let stand a ruling with important implications for advertisers of adult and other potentially lewd products. By refusing to hear an appeal in the closely watched Victoria's Secret Catalogue Inc. v. Mosley case, the U.S. Supreme Court indirectly endorsed an earlier decision from the Court of Appeals for the Sixth Circuit that made it easier for so-called "tarnishment" claims to succeed when the challenged mark was used in a "sex related" context. Read more.
March 30, 2011
Alerts: Advertising Law
FTC Announces $250,000 Settlement with Online Marketer
The Federal Trade Commission ("FTC") announced on Tuesday, March 15 that Nashville, Tennessee-based Legacy Learning Systems Inc. and its owner will pay $250,000 to settle FTC charges that they deceptively advertised products through online affiliate marketers who falsely posed as independent reviewers. Read more.
March 16, 2011
Alerts: Advertising Law
FTC Plans to Examine Consumer Experiences in Motor Vehicle Financing & Leasing
The FTC has announced a series of motor vehicle financing and leasing "Roundtables" to be held across the country. The goal: to gather and study consumer experiences in purchasing, financing, and leasing cars, SUVs, and light trucks. Read more.
March 11, 2011
Alerts: Advertising Law
FTC Seeks to Examine Self-Regulatory Efforts of Alcohol Beverage Manufacturers
The Federal Trade Commission has announced that it plans to conduct a new study of the self-regulatory efforts of the alcoholic beverage industry. The study would serve as the foundation for the FTC's fourth major report on the efficacy of voluntary industry guidelines designed to reduce alcoholic beverage advertising to an underage audience. Read more.
March 8, 2011
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Alerts: Advertising Law
New Restrictions on Billing Practices
Two recent developments in New York (the prohibition of fees for paper billing) and California (the prohibition from the requesting of Zip codes by retailers) may have an impact on nationwide retailers' billing practices. Read more.
February 16, 2011
Alerts: Advertising Law
New Class Action Filed Against Groupon and Retailers: Crowd-Sourcing Gone Bad?
Groupon, the site that offers targeted “Daily Deals” to consumers, enjoys daily stories in the press about its success, including a $6 billion offer from Google. Now, though, it may have attracted the wrong kind of attention. Read more.
February 14, 2011
Alerts: Advertising Law
Facebook Moves to Dismiss Complaint Based On Use of Minors’ “Likes”
A recent class action on behalf of California minors takes aim at Facebook for its practices regarding the use of Facebook members’ names, likenesses, and preferences. The plaintiffs allege that Facebook encourages its users to communicate “likes” of goods and services under the pretense that it contributes to the social nature of the site. Read more.
February 8, 2011
Alerts: Advertising Law
FTC Gives Public More Time to Comment on New Privacy Paradigm
The original deadline for public comments on the Federal Trade Commissions 122-page staff report on privacy, "Protecting Consumer Privacy in an Era of Rapid Change", was January 31, 2011. But because of the nature and complexity of the questions raised, a number of organizations petitioned the FTC for an extension of time in which to comment. Read more.
January 24, 2011
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Alerts: Advertising Law
Restore Online Shoppers’ Confidence Act Becomes Law
President Barack Obama recently signed into law the "Restore Online Shoppers’ Confidence Act." It was enacted last year in the wake of a Senate Committee investigation into aggressive online marketing tactics, and its prohibitions and restrictions are likely to have a significant impact on certain common forms of online marketing. Read more.
January 14, 2011
Alerts: Advertising Law
FTC Announces Settlement with “Tested Green” over Environmental Certifications
Illustrating another example of the FTC's continuing focus on green marketing claims, on Tuesday The Federal Trade Commission reached an agreement with Tested Green, settling allegations that the company sold worthless environmental certifications and falsely represented that its certifications were endorsed by independent firms. Read more.
January 13, 2011
Alerts: Advertising Law
Follow Us (to Learn About Twitter/Facebook Changes)
Last week, Facebook published a revised version of its "Promotions Guidelines" and Twitter updated its guidelines for use of the Twitter name, trademarks and logos. Read more.
December 8, 2010
Alerts: Advertising Law
FTC Releases Report Proposing New Framework for Consumer Data
In an attempt to address consumer privacy interests and to "inform policymakers, including Congress, as they develop solutions, policies, and potential laws governing privacy," the Federal Trade Commission issued a comprehensive preliminary staff report raising concerns that despite industry self-regulatory measures, many marketers either do not disclose their data practices or disclose them in unintelligible manner. Read more.
December 2, 2010
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Alerts: Advertising Law
FTC Settles with Company About Disclosure of Information Collection Practices
The Federal Trade Commission ("FTC") recently announced that EchoMetrix, Inc. settled FTC charges that it failed to adequately inform parents that it made their children’s information available to third-party marketers. EchoMetrix sold a software product that allowed parents to monitor their children’s online behavior. Read more.
December 1, 2010
