The Bottom Line The first substantial CCPA enforcement action should be a wakeup call for the advertising industry. California is aggressively policing the industry and looking closely at the third-party tracking mechanisms used on sites. With the CPRA just around the corner, more Continue Reading
California’s Amended Automatic Renewal Law Takes Effect July 1, 2022: What Subscription-Based Companies Need to Know
The Bottom Line Starting July 1, California’s amended automatic renewal law will become effective.The amended law includes additional notice and cancellation requirements for both free trials and automatically renewing plans, as well as an emphasis on affording consumers an “immediate” means of Continue Reading
FTC Seeks Public Comment on Updating its Guidance on Preventing Digital Deception
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 Continue Reading
FTC to “Crack Down” on Ed Tech’s Use of Children’s Data
The Bottom Line The Federal Trade Commission (FTC) unanimously approved a Policy Statement that focuses on the Children’s Online Privacy Protection Act’s (COPPA’s) application to education technologies (Ed Tech) used in and by schools to support learning, including remote learning. This is 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
FTC Seeks Public Comment on Proposed Updates to Endorsement Guides
The Bottom Line The Federal Trade Commission (FTC) is seeking public comment on proposed updates to its Guides Concerning the Use of Endorsements and Testimonials in Advertising (Endorsement Guides). The FTC proposed a number of revisions. Some of these revisions are simply 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
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
Zero Stars: FTC and NAD Will Not Permit Consumer Review Suppression
The Bottom Line The FTC’s guidance for marketers, online retailers and review platforms emphasizes the need for truthfulness in the collection, moderation and publication of consumer reviews.“Suppression” of negative reviews may qualify as a deceptive practice and alleged “suppressors” could face Continue Reading
You Can Believe It’s Not Butter: NY Judges Dismiss “Butter” Class Actions
The Bottom Line Two federal judges in New York City have dismissed putative consumer class actions alleging deceptive marketing in connection with snacks and baked goods. The judges held that a reasonable consumer would understand that the products’ use of “butter” in their names, when viewed Continue Reading