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
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
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
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
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
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
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
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
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
The Tax Relief Act of 2010 was overwhelmingly passed by Congress and signed into law by President Obama on December 17, 2010. The new law provides numerous tax benefits for businesses and individuals for the next two years. Read more.
December 16, 2010
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
While an innovative social media campaign can be a great boon to business, corporate America is becoming increasingly aware of the inherent dangers of social media as well. In particular, employees' statements about employers on personal Facebook, Twitter and other social media accounts have the potential to cause a company a PR nightmare, or even subject a company to litigation. Read more.
December 6, 2010
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
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
The end of 2010 brings more than the usual range of estate planning opportunities.As year-end approaches, so does the expiration of the Bush era tax cuts. The lame duck Congress' willingness to enact tax legislation before 2011 looks increasingly unlikely. Read more.
December 1, 2010
In an enforcement action that highlights the recent focus by the Federal Trade Commission ("FTC") on environmental and energy marketing issues, the FTC announced yesterday settlements with three online retailers arising out of their allegations that their the websites violated the FTC’s Appliance Labeling Rule. Read more.
November 2, 2010
The Federal Trade Commission announced proposed revisions to their Guides for the Use of Environmental Marketing Claims, or "The Green Guides." The FTC is accepting public comments on the proposed changes until December 10, 2010, after which it will decide which changes to make final. Read more.
October 6, 2010
A group of the nation’s leading marketers and advertisers announced today further details about a self regulatory program aimed at giving consumers some control over their privacy and the online advertisements they receive. Using behavioral targeting techniques, advertisers send consumers targeted ads based on Web browsing behavior. Read more.
October 4, 2010
In July, Hawaii became the first state to conform substantial aspects of its gift card law with the new federal gift card law contained in the "Credit Card Accountability, Responsibility, and Disclosure Act" of 2009. Here is a summary of Hawaii's changes, and a brief look at the gift card legal landscape. Read more.
September 15, 2010
Last week, the Federal Trade Commission began issuing subpoenas to 48 children’s food and beverage marketers seeking data about advertising practices and marketing expenditures dedicated to children. The FTC previously announced that it would be taking this action last May. Read more.
September 2, 2010
In an important enforcement action following up on the revisions to the endorsement and testimonial guidelines issued last year, the Federal Trade Commission announced today a settlement with a public relations firm, Reverb Communications, Inc., for what the FTC alleges are deceptive advertising practices. Read more.
August 26, 2010
The old joke is that the assets of the agency go up and down in the elevator every day. In other words, people (along with clients and reputation) are an agency’s most important asset, and hiring and keeping key talent has never been more important. Read more.
August 20, 2010
In what may signal regulators’ growing focus on advertisers’ use of social media, the FDA recently issued its first Facebook-related citation in connection with Novartis’ use of Facebook’s share function on its Tasigna® website.The FDA cited four ways in which the website and Facebook's "share" widget violated the Federal Food, Drug and Cosmetic Act and the FDA implementing regulations. Read more.
August 9, 2010
A New York federal court is allowing a class action lawsuit brought by consumers from three states, alleging that the labeling for Coca-Cola's vitaminwater is misleading, to go forward. Here’s a summary. Read more.
August 2, 2010
There has been a change to the definition of Accredited Investor which may affect your fundraising activities. Under Section 413(a) of the recently enacted Dodd-Frank Act (the "Act"), the Securities and Exchange Commission ("SEC") has been instructed to amend the net worth standard for an "Accredited Investor" as set forth in Securities Act Rules 215 and 501(a)(5) by eliminating from the calculation of net worth the "value of the primary residence" of the investor. Read more.
July 28, 2010
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