The Bottom Line The FTC is revising its Dot Com Disclosure Guides to address dark patterns and other forms of digital deception. The FTC plans to crack down on deceptive disclosures and other forms of digital deception; marketers should review their online disclosure practices to ensure they are Continue Reading
FTC to “Crack Down” on Ed Tech’s Use of Children’s Data
The Bottom Line The FTC is fully committed to cracking down on companies that illegally surveil children learning online.Companies should follow best practices to avoid fines that could reach millions for violating children’s privacy. The Federal Trade Commission (FTC) unanimously approved a Continue Reading
How the New 2022 SAG-AFTRA Commercials Contract Affects Performers and Advertisers
The Bottom Line The 2022 Commercials Contract increases session, usage, and pension & health fees, but by the lowest incremental amount in over a decade. Fee caps, a simplified compensation structure and unlimited editing rights balance out these increases by offering savings in other areas Continue Reading
Draft CPRA Regulations Issued by the California Privacy Protection Agency
The Bottom Line The proposed Regulations include many changes and clarifications to aspects of the CPRA, including, but not limited to: the selling or sharing of consumer personal information to third parties; consumer notice and privacy policy requirements; recognition of opt-out preference Continue Reading
FTC Seeks Public Comment on Proposed Updates to Endorsement Guides
The Bottom Line FTC guidance continues to evolve as new forms of marketing gain popularity. Companies should do all they can to align their endorsement practices with the FTC’s proposed guidance — including with regard to social media, influencers and consumer reviews. Interested Continue Reading
Connecticut Becomes Fifth State To Pass Comprehensive State Privacy Law
The Bottom Line Connecticut is the fifth state to enact a comprehensive consumer privacy law, but it certainly will not be the last.This new law adopts many themes from previous state laws, but as we are seeing, these laws all have unique aspects and are not identical to one another. As a result, Continue Reading
Don’t Be Bamboozled by Environmental Benefit Claims
$5.5 Million FTC Settlements for Bamboo Textile and Environmental Benefit Claims Under Penalty Offense Authority The Bottom Line These settlements illustrate how the FTC intends to use its Penalty Offense Authority. Sellers of “bamboo” textile products should review product claims, and ensure Continue Reading
New York Employers Required To Notify Employees of Electronic Monitoring
The Bottom Line New York employers should review the scope of their electronic monitoring and determine which monitoring processes and activities could be covered by the new legislation.Starting May 7, 2022, employers that monitor or otherwise intercept employee phone, email and/or internet usage Continue Reading
Utah Consumer Privacy Act Joins the Growing List of Comprehensive State Privacy Laws
The Bottom Line In the absence of a new comprehensive consumer privacy law on the federal level, states continue to propose their own laws.Utah has become the fourth state in the United States to enact such a law.There are similarities, but some differences, with the new laws in California, Continue Reading
What To Consider When Launching a Cause Marketing Campaign
The Bottom Line Cause marketing campaigns are an excellent way to leverage a brand’s marketing infrastructure to make a difference in the world, especially when the campaigns benefit a cause as closely followed as the humanitarian crisis in Ukraine. By following all appropriate laws and best Continue Reading