The Bottom Line As a result of the FTC’s action against Google and YouTube, YouTube channel owners will be required to designate whether their channels and content are “directed to children” under COPPA. The FTC’s recent guidance will help channel owners make this determination. This guidance is Continue Reading
The FTC is Drilling Down on Negative Option Marketing Practices
The Bottom Line While the FTC’s action against Match plays out in court, it is worth noting that the FTC last initiated a regulatory review of the Negative Option Rule over a decade ago in 2009. When the FTC completed that review in 2014, it concluded that amendments were not warranted because the Continue Reading
FTC Brings Actions Against the Sale of ‘Fake Indicators of Social Media Influence’ and ‘Fake Reviews’
The Bottom Line The FTC’s actions challenging the sale of fake social media indicators and online reviews are intended to deter others from polluting the online marketplace with deceptive and inaccurate information. It is important to reiterate that the FTC brought its actions against two chief Continue Reading
FTC Releases New Resources for Influencers
The Bottom Line The FTC’s brochure and microsite are new resources that will be helpful for both marketers training their influencers as well as to influencers themselves in making disclosures. This clear and practical guidance from the FTC should put all involved parties — including influencers Continue Reading
New York State Provides Additional Guidance on Expanded Workplace Harassment Prevention Requirements
The Bottom Line Employers in New York State should prepare a Sexual Harassment Prevention Notice for their workplace attaching and/or linking to their harassment prevention policy and training materials, and ensure that this Notice is included in their onboarding and training materials. Employers Continue Reading
California Expands Final Pay Timing Exemption to Print Productions
The Bottom Line California’s new Photo Shoot Pay Easement Act now relieves print production employers from the rigid California law that subjects employers to harsh penalties if they do not pay employees immediately upon discharge. However, print production employers should be careful about Continue Reading
SAG-AFTRA Imposes New Restrictions on Third-Party Signatories through New Letter of Adherence
The Bottom Line The terms of the LOA are set to become effective on January 1, 2020. This deadline gives the signatories, advertisers and non-union agencies limited time to assess how the LOA’s new restrictions will impact their respective roles in the production process, and chart their best Continue Reading
California Attorney General Releases Draft CCPA Regulations
The Bottom Line The California Attorney General is accepting comments on the CCPA draft regulations until December 6 and has scheduled four public hearings on the draft in California in early December. With the January 1, 2020 effective date quickly approaching, organizations must continue to Continue Reading
Revised Rule 40 Advertising Guidelines Offer New Opportunities for Sponsors and Athletes Just in Time for 2020 Tokyo Olympics
The Bottom Line The changes to the Rule 40 Guidelines offer significant new opportunities to athletes and their personal sponsors. Yet, marketers seeking to leverage Olympic athletes during the 2020 Tokyo Games will need to agree to broad anti-guerilla marketing prohibitions. For those prepared Continue Reading
California Poised to Enact Data Broker Registration Law
The Bottom Line The largest state in the nation has now passed the country’s second law specifically regulating “data brokers.” Any company that processes personal information of consumers with whom it does not have a direct relationship should test their business practices against the California Continue Reading