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Advertising + Marketing Alert

FTC Action Regarding Violations of the Restore Online Shoppers’ Confidence Act and Deceptive Commercial Practices Results in $10 Million Dollar Settlement

October 13, 2020 by Patrick Quinn

The Bottom Line The FTC has made it clear that it will not tolerate deceptive negative option and billing practices and will enforce heavy penalties on companies that do not comply with the law.Marketing practices for online subscriptions services need to be transparent and truthful. Consumers must Continue Reading

Alert, Buy Now: Avoiding the Pitfalls of Online Retailing - October 13, 2020

A Banner Year for Online Political Ads in a Socially-Distanced Reality

October 9, 2020 by Patrick Quinn

The Bottom Line Although the future of some state laws governing online political advertising is uncertain, at this time, many states still have laws governing online political advertising in effect, and state attorneys general are eager to enforce these regulations. In addition, the DAA has Continue Reading

Alert - October 9, 2020

“Grand Finale?” — Supreme Court to Address the Definition of “Automatic Dialer” Under the TCPA

September 30, 2020 by Patrick Quinn

The Bottom Line The Supreme Court’s upcoming decision will likely resolve a longstanding circuit split on what constitutes an automatic dialer under the TCPA.If the Court adopts Facebook’s narrower view, its decision could significantly reduce the number of TCPA class action suits filed going Continue Reading

Alert, Uptick in Consumer Class Actions as Online Purchases Grow - September 30, 2020

FTC Takes Action Against Marketer for Violating the Mail Order Rule and Engaging in Deceptive Commercial Practices

August 3, 2020 by Patrick Quinn

The Bottom Line Retailers should ensure that they are transparent about the availability of their inventory and shipping timeframes. Failing to communicate with consumers (or worse, communicating deceptive promises) can result in significant liability under the FTC Act and the Mail Order Continue Reading

Alert, Demystifying COVID-19 Complexities and Thriving in Uncertain Times - August 3, 2020

Federal Trade Commission Proposes New “Made in the USA” Labeling Rule

July 9, 2020 by Patrick Quinn

The Bottom Line Marketers who use “Made in the USA” claims on any labels or marketing materials should review those claims in light of the proposed new standards, and be sure to watch for any new developments from the FTC.The FTC is accepting public comments on the Proposed Rule until August 21, Continue Reading

Alert - July 9, 2020

Kendall Jenner Pays $90,000 to Settle Bankruptcy Claim over Fyre Festival Post

June 11, 2020 by Patrick Quinn

The Bottom Line Kendall Jenner agreed to pay $90,000 to settle claims in a bankruptcy proceeding arising out of her now-deleted Instagram post that promoted the ill-fated Fyre Festival. This settlement is a potent reminder of the breadth of risks that influencers and celebrities may face when Continue Reading

Alert - June 11, 2020

The FDA Sends Over 60 Warning Letters to Companies for Falsely Marketing “COVID-19 Products”

June 10, 2020 by Patrick Quinn

The Bottom Line Marketers and affiliate marketers of supplements, oils and similar products regulated by the FDA must be extremely cautious about referring to COVID-19 or its symptoms in marketing communications about such products. Statements that might otherwise be acceptable will likely be Continue Reading

Alert, Demystifying COVID-19 Complexities and Thriving in Uncertain Times - June 10, 2020

The Importance of Including Social Distancing in Marketing Campaigns

May 14, 2020 by Patrick Quinn

The Bottom Line Marketers need to tread lightly when showing advertisements of people going back to their daily lives, even if the advertisements show social distancing, as these ads may not reflect the reality for everyone in this country.If marketers do show people going back to their daily Continue Reading

Alert - May 14, 2020

FTC and FDA Fight Unsubstantiated Claims That CBD Products Cure Coronavirus

May 6, 2020 by Patrick Quinn

The Bottom Line Consumer protection regulators are taking the COVID-19 crisis very seriously.The FTC and FDA have both stepped up enforcement actions against companies making unsubstantiated claims that CBD products may help combat the disease.The FDA has issued numerous emergency warning letters Continue Reading

Alert, Demystifying COVID-19 Complexities and Thriving in Uncertain Times - May 6, 2020

SEC Settles with Steven Seagal for Failure to Disclose Payments for Promoting Cryptocurrency

April 28, 2020 by Patrick Quinn

The Bottom Line When agreeing to promote or endorse a cryptocurrency, celebrities must think outside of the FTC box because the SEC’s disclosure rules go above and beyond the FTC’s requirements. Even if a celebrity is already described as a “brand ambassador,” the SEC requires disclosure of Continue Reading

Alert - April 28, 2020

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